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On the national staff in the Criminal Law

Author: JiangJun
Tutor: HeZeHong
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Engaged in public service State organ State-owned companies Supreme People's Procuratorate China's criminal law Institutions PRC Criminal Law Civil Service Law University Press Judicial interpretation
CLC: D924.1
Type: Master's thesis
Year: 2007
Downloads: 172
Quote: 6
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Abstract


"State functionaries" is a peculiar concept in the criminal law. The accurate definition of the state functionaries and the range playing a significant role in asserting the guilt and non-guilt, crime and another crime, severe punishment and slight punishment. Article 93 of criminal law had done concrete regulations to state functionaries in 1979, the Standing Committee of the National People’s Congress, the Supreme People’s Court and the Supreme People’s Procuratorate have made legal explanation to the state functionaries. But with the changes of the society, the constant changes of the political reform and reform of the national personnel system, it makes the dispute that the opinion has been set against fiercer. This text drafts the research on a series of problems of state functionaries.The article is about 34,000 words, dividing into four chapters besides preface. The main contents include:The preface analyze the theoretical meaning and the practical value of the national staff members in Chinese criminal law, it points out the emphasis and difficulty of the national staff members on the present research then draw the text.Part one: the survey of legislation. It systematically introduces the evolution of legislation concerned with state functionary on China and the general situatio of abroad about government and public service personnel as well.Part two: Concept of state functionary. Author offers the essential features of state functionaries, and stinks to the views held by "two features theory". The essencail characteristic of state functionaries is "going in for public affairs" , and the characteristic of state functionaries in form is the qualification of performing the functions of the state.Part three: basic type of state functionary. This part has described the concept and range of state functionary in detail, the concept and range of the state personnel, three kinds of that the 2nd paragraph of article 93 stipulate to allow three kind, country of staff member. The three kinds of the state functionaries are: 1. the servant. 2. the staff who go in for public affairs in state-owned company、enterprises an institutions and the mass organization 3. the staff who are oppointed to go in fo public affairs.Part four: Suggestions to perfect the legislation about state functionary in our criminal laws: The first one is using the concept "civil servant of state" instead of the term " state functionaries". The second one is clearing and definiting the range of" the other star who go in for public affairs according to the law" in the Article 93 of criminal law.

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