In Article 93 Of The Criminal Law " Other In Accordance With The Laws Of The Public Service Personnel "

The question about the subjects of crimes is the foremost problem thatneeds solving in the system of criminology. National staff members, as aspecial kind of the subjects of crimes, can be divided into four types. Andthe type of "other national staff members who engage in public affairsaccording to the law" arouses many controversies and problems in the fieldsof theory and practice. The thesis analyzes the basic features and definingstandards of national staff members from the perspective of history oflegislation of the type of "other national staff members who engage in publicaffairs according to the law". The author proposes that "to engage in publicaffairs" is the basic feature of national staff members, and public affairs arethe affairs of the state which do not include collective affairs; moreover, oneis a national staff member if and only if he engages in public affairs.Therefore, when defining "other national staff members", the samefoundation should be followed. That is to say, they ought to meet twoconditions: first, they should "engage in public affairs according to the law";second, they should enforce administrative function under certain conditions.What's more, the author analyzes some subjects-identifying problems ofcertain knotty criminal cases in judicature practice and questions concerningthe nature of some particular circle of people in social life under the currentframework of law. More exact conditions should be adopted to define "othernational staff members", and the scope of them should not be expanded. Theenactment of the Revision Act of the Criminal Law (sixth) offers a new wayfor the solution of whether the doers who committed serious social dangerscould receive criminal adjustment. The essential aim of the criminal law isto ensure human rights, and not to "harm people". To consider the presentlegislation and practice from this perspective is really necessary.