Study On The Definition Of The State Functionary

The crime subject is our theory of the basic research on the content of the crime,the legislation of crime subject is only a criminal legislation on the basic content of our criminal law.As the "state functionary" a special subject to criminal law,there is the concept and scope of the "state functionary" in the general provisions article 93.The scientific practice and illustrate just have a greater progress than the old criminal law.But it is relatively too general,such as that in the range of meanings and government organs,state-owned companies,enterprises and institutions and the scope,and other organizations in accordance with law in the civil servants and many problems have not made clear.Plus that there are many different opinions in the theory industry,which led to in defining the scope of the "state functionary" in judicial practice,dispute many occur,serious impact on the criminal law in this field.The application of this situation,the existing legislative and judicial regulations and integrating theory with practice form the point of departure,state functionary of this concept and connotation intensive and system are summarized and analyzed.This paper start with the analyses of the concept of crime in our office,the concept should be clear and right.And further discusses the nature of the characteristics — — do the business,and the form characteristic — — position of identity.Emphasis on the judicatory practice how to find four classes to state functionaries for in-depth discussions,each of the state organs,state-owned companies,enterprises,state institutions,organizations of the scope of the analysis that;Appointed to the meaning and conditions,was appointed to the source and a clear identification of,make "other according to law for civil servants" exact content more clear.On this basis settle the dispute cases in the juridical practice.