论国家工作人员范围的界定（On the definition of the scope of state staff）.docVIP

论国家工作人员范围的界定（On the definition of the scope of state staff） On the definition of the scope of state staff Author: Jiang Lihua Ninety-third provisions of the new criminal law: this Law refers to the state staff, refers to the state organs engaged in public service personnel. The state-owned companies, enterprises, institutions, peoples organizations engaged in public service and state organs, state-owned companies, enterprises, institutions assign to state-owned companies, enterprises, institutions and social organizations engaged in public service personnel, and other personnel engaged in official business in accordance with the law on the national staff. This is a legislative interpretation of the concept of state personnel and who should be interpreted by state personnel when it is criminal legislation. The above-mentioned provisions have solved the long-standing dispute over the concept of state personnel and at the same time explicitly defined the scope of the theory of state personnel. It should be said that its scientific and practical operation is a big step forward compared with the old criminal law. But because the legislation is not the official meaning, and other personnel engaged in public service according to law and other issues, make specific explanation; and the theory viewpoint, understanding differences, resulting in the judicial practice, in defining the scope of national staff, there have been frequent ambiguity, directly affect the criminal law applicable. At present, both the theoretical circles and judicial practice in the work of comrades, anxiously expect interpretation authority to make specific explanation on some controversial issues involved in the scope of national staff, in order to unify thinking, law enforcement. The only problem about how to correctly define the scope of national staff, little my humble opinion, for reference. I. on the criteria for defining the scope of state personnel It is a very controversial issue to define the