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The Governmental Staff in Chinese Criminal Law

Author: ZhangKunXia
Tutor: DaiYongCai
School: Southwest University of Political Science
Course: Legal
Keywords: criminal law governmental staff concept characters scope
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 106
Quote: 0
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Abstract


Governmental staff is a special kind of the subject of crime , which is also a special concept in our country`s Criminal Code . It is very important to definitely define the concept of governmental staff , for whether someone is guilty of crime or not, and the distinctions between different accusations and whether the crime is a felon or a misdemeanour .There are so many legislations and judicial interpretations concerned with the concept of governmental staff , but , until now , it still exists so many controversies on this issue . Along with the constantly development and improvement, the issues about Governmental staff within the Crime, are settled, but the new problems on this issue iare also coming into being. In order to offer services for the concept and judicial practice in criminal field, we must definitely define the concept of governmental satff . And we also need to get a deep reserch into the unresolved problem and the new born academic question about Governmental staff. The thesis discusses the concept through the following aspects :Firstly : the concept and the character of the civil servant . This section ,which can be divided into two parts , defines the concept and expatiates the characters of governmental staff . The first part definitely expresses the concept of governmental staffs through the retrospect of developmental history and the distinction of the concept . The second part elaborates the essential characters and general characters of the concept of governmental staffs in criminal law .Secondly : different doctrines of the definition of the concept of governmental staffs .Thirdly :the scope of the governmental staff . This section explains the definitions of the governmental agencies , governmental staffs and quasi-governmental staffs .Forth : several problems of identifying the status of governmental staffs . This section makes a concise introduction of several controversies of the concept of governmental staffs in the criminal field , especially the promulgation of the 7th Amendment of Criminal Code , which imposes new influences on the identifying of the statuses of the neighbourhood committee , village committee , NPC member and Peoples Assessor Juror etc .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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