The Judicial Recognition Of The National Staff In The Criminal Law Of Our Country

While China’s Criminal Law Article 93 pairs regulates national staff, national staff, including staff of state organs and state functionaries in theory, that is quasi-national staff. NPC Standing Committee, the Supreme People’s Procuratorate and the Supreme People’s Court also had several legislative interpretation and judicial interpretation, but still a lot of controversy in theory and in practice, there is no clear concept, the connotation is not clear, it is difficult to accurately identify and other applicable problem. The exact identification of the criminal law of national staff for the judicial practice accurate conviction and sentencing, specifically under the jurisdiction of filing criminal cases and Mediating dispute, unified law enforcement are of great significance.State personnel is an important part of important national staff, our current law does not define the limits of national authorities to make, in theory, the scope of the state organs also exist a number of different perspectives. This paper argues that the definition of state organs, due to adhere to the "real job" theory point of view, that means that state organs to play an important role in national politics or social life, exercising a public organization, supervision, institutional management and coordination functions. From this connotation, such as the Chinese Communist Party can infer machine, the CPPCC organs and administrative companies, institutions and non-governmental organization established, the agency has the nature of state organs should belong to the state authority.Engaged in public service is an essential feature of the national staff, engaged in public service has two features, one is a representative, which represents the state organs, state-owned enterprises, state-owned companies, people’s organizations and institutions; the second is management, that is fulfilling the leadership, organization, management and supervision responsibilities. The staff of the health care system received kickbacks phenomenon pharmaceutical industry has become the unspoken rules, in judicial practice, there have been many cases in the identified perpetrator’s behavior whether there is a lot of controversy in the public. This paper argues that the President and staff with procurement responsibilities should be engaged in public hospitals, physicians prescribing behavior and pathological examination is purely technical labor activities, does not belong in the public service. The hospital’s head of medicine, deputy head of the party system because it has the right to belong to engage in public service, the general staff of the pharmacy does not have the right system side, only a simple labor activities, are not engaged in official duties.State-owned companies, state-owned enterprises, people’s organizations and institutions engaged in official business belongs to a quasi-national staff, about what is state-owned enterprises, in theory, "says all state-owned" and "some state-owned, said" controversy, this paper argues should adhere to the "all state-owned, said," that state-owned enterprises refers to the entire assets of the enterprise owned by the state. In judicial practice, because state-owned enterprise reform is not complete, the emergence of enterprise "called private, in fact, state-owned enterprises," according to the basic principles of law, such companies should also be recognized as a state-owned enterprise.Delegate type quasi-national staff is a national staff, delegating refers dispatch and appointed delegate in the form can be varied, as long as the state-owned units is delegated personnel engaged in public service in the representative appointed by the non-state-owned units, it should be recognized country for delegation staff. Without requiring a non-state-owned units have been delegated it must contain ingredients owned by then appoint officers were assigned to a non-state-owned units, if the non-state-owned units through appointment or election workers congress delegate type does not affect the establishment of the national staff.Other criminal law in accordance with the law engaged in public service personnel identified as national staff on the staff. Features such personnel are two:First, the implementation of State management functions; the second is in accordance with the law. Our interpretation of the legislation committee of staff and other grass-roots organizations identified as other persons engaged in official business in accordance with the law in assisting the people’s government in the administrative work. With investment in the promotion of new rural construction and agriculture-related capital increase, the case of rural grass-roots organizations staff duty crime is also increasing. In judicial practice, there have been assisted self-administration behavior and mass transaction management behavior how to distinguish land acquisition compensation fee paid to complete point in time is determined, and confusion of public funds and the village collective funds and other issues, this paper to assist the people’s government in the administration the connotation of work on these issues to be answered.