On The Cognizance Of National Staff

National staff is named as the main body of a special class of criminal by China's criminal law. Definition of national staff is extremely important in the criminal legislation and criminal judicial practice. It involves not only various types of economic crime, national staff and accurate qualitative and appropriate sentencing issues, but also some non-national staff involved in economic crimes and crimes accurate characterization of the problem, so significant. It involves not only the accurate qualitation and appropriate sentencing issues of various types of economic crime for national staff, but also the accurate characterization of non-national staff's economic crimes and job crimes. Therefore, it is significant.The main service of prosecution anti-corruption department is to investigate corruption, bribery, embezzlement and other crimes committed. Job-related crimes have special requirements on the subject, the national staff, currently China's laws and judicial interpretations of the definition of the scope of national staff are rather vague, existing disputes. In the practice of anti- corruption investigation, the unclear legislation leads to uncertainty of the scope of the investigation, or the investigation of both of prosecution and public security authorities, which wastes judicial resources; public security authorities and prosecutors pass the buck and loopholes turn up in the investigation, so that the job crimes cannot be effectively punished. The same facts of the case, differently identified by the main body, have different charges. The anti-corruption investigation departments, the public prosecution department and the court disagree on the understanding in judicial practice in the scope of national staff, which leads to the disagreement to the recognition of the case and directly affects the effective blow to the job crimes. From the investigation practical point of view, to study the scope of national staff can clear the main scope of job crimes, clearly distinguish the boundaries of job crimes and crimes in general, and makes judicial authorities agree on the conception and scope of job crimes in practice, through accurate characterization of the case to maintain the authority of the law, protect the legitimate rights and interests, play a more effective prosecutors investigating the fight against crimes of functions, and thus obtain better legal and social effects.In the first chapter of this article to our country on the national staff in the body that legislation should be reviewed, based on the legislative evolution of the dispute, summarize the advantages and disadvantages in legislation. Including 79 years after the enactment of criminal law, i.e. the beginning of reform and opening up legislation. 97 years after the enactment of criminal law and on the national staff of main body cognizance legislation and judicial interpretation. In the second chapter, elaborates the theoretical circles on the national staff of main body cognizance issues, one is about the functionaries of the state standards, including the Supreme People's court 's" identity" and the Supreme People's Procuratorate "function", analysis two views of the differences and advantages and disadvantages. Two is to define the scope of state organs. The three is about the quasi-state staff identification, a detailed analysis of the state-owned companies, enterprises, institutions, groups of people to understand, "appointment" understanding," and the other according to the personnel engaged in official business" understanding. The third chapter summarizes the judicial practice of national staff recognizes the existence perplexities, in this chapter the author of the article ninety-third of the criminal law stipulated by the several main body are separately discussed, enumerated the concrete case, and combined with the practice of law and law between the number of disputes and differences and work out difficult problems encountered in analysis. On the staff of state organs, the author firstly discussed the duty crime harm and accurately define the subject identity importance, analysed the state organs reform cause individual organs and the nature of the change, thus affecting the part of the unit staff main body cognizance of the nature. On state-owned companies, enterprises, institutions, people's organizations engaged in official business personnel identification, the author focuses with state-owned accuse, share enterprise as an example, combining the specific cases and judicial interpretation of law and law on this type of enterprise personnel identity issues undertook analysing, think current judicial interpretation that state-owned holding, share enterprise staff only by the state-owned investment parties to engage in public service is the national identity of the staff, other staff was assigned and no longer has the original national staff member identity. Such a provision, will blow the focus on decreasing state owned or owned enterprise staff post crime, is clearly not conducive to the effective protection of state-owned assets and the fight against state-owned assets crime. In state organs, state-owned companies, enterprises, institutions assign to non state owned companies, enterprises, institutions, people's organizations of persons identified, focusing on about accreditation manner in the presence of differences are analyzed. The other in accordance with the law to engage in public service recognition, mainly from the village committee staff identity, residents committee staff identified two components were analyzed. In the fourth chapter, based on the summary of the problem, put forward a few think. On the staff of state organs that problem, the author puts forward to scientific generalization of the working staff of state organs of the connotation, characteristics and functions from the essence to wait for respect proceed with, those are not included in the scope of the provisions of the constitution of the state organs, but in fact the exercise of state power, fulfill public affairs management responsibilities in the sector into state organs range, thereby clear national office working personnel range. And some suggestions of "new business" on the "3+3" mode, namely" qualified in the name of the duty in duties and powers of state management, public management and social management and other business". In the country staff cognizance, emphasis on the " identity" and" official" is organic and unified, the system elaborated two between logical relationship. In about state-owned accuse, share enterprise personnel identified aspects, the author combines the reality of work put forward four proposals. In regard to in accordance with the law to engage in public service in the context, the author suggests to perfect the legislation will village Party branch personnel into the range of. In conclusion the author through to this paper, in order to solve the difficulties to the judicial practice, a modest.