A Study On The Definition Of "State Functionary" In Criminal Law

Article 93 of the Criminal Law defines the concept of State functionaries.However,the definition of "state functionary" is vague,which leads to the controversy of "identity theory" and "business theory" in theory and practice.Although the standing Committee of the National people’s Congress,the Supreme people’s Court and the Supreme People’s Procuratorate have issued a series of legislative and judicial interpretations,the meaning of "state functionary" has been further clarified.However,this does not reduce the theoretical and judicial practice differences.The definition of "state functionary" is of great practical significance in determining crime and non-crime,this crime and other crimes,joint crime,felony and misdemeanour.In addition,the Law on Supervision,promulgated and implemented in March 2018,clearly stipulates that public officials are the subject of supervision by the Supervisory Commission,and conducts investigations into the duty crimes of the supervised person.Therefore,the connection and coordination between public officials and state functionaries,as well as the definition of duty crimes,are of great significance to clarify the jurisdiction of public security organs,procuratorates and supervisory committees.In a word,the research of "state functionary" in criminal law has important theoretical value and practical significance.This paper is divided into four chapters,the structure and content of the article are as follows:The first chapter,the significance of the scope of state functionaries.The cognizance of the state functionary is of great significance to the theoretical circle and the judicial practice.It is mainly embodied in the distinction between crime and non-crime,between this crime and other crimes,with joint crime and with the distinction of public officials in the law of supervision.The second chapter,the concept of State functionaries.This chapter mainly from the analysis of legislative interpretation,judicial interpretation,theoretical perspective to understand the current point of view and problems in our country,and then put forward this point of view to explain the state functionaries.The third chapter,the judicial determination of the state functionary.This chapter mainly includes the definition of "public service",the definition of state organs,the definition of state-owned companies,state-owned enterprises,people’s organizations,institutions,and the definition of delegation.The aim is to better explain the meaning of the state staff through these relevant provisions.In particular,the distinction between public service,labour service and private service in "public service" is used to define public service,and the meaning of "delegation" is emphasized in order to define the staff of the state more clearly.The fourth chapter,the connection between public officials and state functionaries.Because of the promulgation of the supervision law,the scope of the state functionary and the public official overlap,it is necessary for us to distinguish the relationship between the two accurately and make a good connection between them.