On The National Staff Members In Criminal Law

National staff members are a peculiar concept in the criminal law in our country. The accurate definition of the national staff member 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 national staff members 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 national staff members. But with the changes of the society, the constant changes of the political reform and reform of the national personnel system, it make the dispute that the opinion has been set against fiercer. This text drafts the research on a series of problems of national staff members. The full text is divided into three chapters besides preface.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.Chapter one is the legislative evolution and the definition of national staff members. Firstly it reviewed ,compared and analyze with the provision on national staff member in judicial explanation with evaluation and all previous criminal legislation after the foundation of the state which aim at offering the beneficial thinking for the fact that accurately hold the definition of national staff members . Secondly it has recommended various kinds of national staff members which aim to define the standard, analyze the gain and loss of different views. We also think that we should engage in public affair as define national basic standard of staff member in accordance with the law of behavior subject.Chapter two is a basic type of national staff members. This part has described the concept and range of the government office in detail , the concept and range of the state personnel ,three kinds of that the 2nd paragraph of article 93 stipulate to allowthree kind, country of staff member.Chapter three is a knotty problem in asserting the national staff members. To solve the knotty problem which existed in asserting the national staff members in practice, it has made an answer in thesis by combining the basic standard of asserting national staff members. Villagers, village committees and members and referees of party at the same level should be regarded as national staff members when they are in a situation of engaging in public affair according to the law.