What do you mean by public works personnel?

On the concept of state functionaries Article 93 of the General Provisions of the Criminal Law of People's Republic of China (PRC) stipulates: "The state functionaries mentioned in this Law refer to those who are engaged in public affairs in state organs. Personnel engaged in official duties in state-owned companies, enterprises, institutions and people's organizations, personnel appointed by state organs, state-owned companies, enterprises and institutions to engage in official duties in non-state-owned companies, enterprises, institutions and social organizations, and other personnel engaged in official duties according to law are regarded as state staff. " This provision should be understood from the following aspects.

(A) the understanding of state organs

In this article, "state organs" refer to organizations engaged in state management and the exercise of state power at the central and local levels, which use state budget allocations as funds for independent activities. Including the organs of power, namely the national and local people's congresses and their standing committees; Administrative organs, namely the State Council and its ministries and commissions, local people's governments at all levels and their subordinate management institutions; Judicial organs and institutions at all levels in the military system.

(2) Understanding of state-owned companies, enterprises, institutions and people's organizations.

The "state-owned company" in this article refers to a wholly state-owned limited liability company established by an institution or department authorized by the state, a limited liability company established by two or more state-owned investors, and a joint stock limited company established by a state-owned enterprise as the sole sponsor. "State-owned enterprise" refers to an economic organization whose property belongs to the state and engages in production, operation or service activities. "State-owned institutions" refer to departments or units led by state organs, which do not carry out economic accounting and whose funds are allocated by the state. Such as public schools, hospitals and scientific research institutions. "People's organizations" refer to various social organizations whose members are formed voluntarily for the same purpose, registered with the approval of the government, and funded by the government.

(3) Understanding of non-state-owned companies, enterprises, institutions and social organizations.

"Non-state-owned companies, enterprises, institutions and social organizations" in this article refers to companies, enterprises, institutions and social organizations established according to law that do not occupy state establishment and are not funded by government appropriations.

(4), the understanding of engaging in official business.

Engaging in official business is the essential feature of national staff. "Engaged in public affairs" refers to the management activities of public affairs, that is, engaging in organizational, leadership, supervision, management and other job behaviors and other acts of handling state affairs. The characteristics of "official business" are: first, administrative, that is, managing public affairs, which can be state affairs, social affairs and collective affairs. The second is to represent the country, that is, to carry out such activities on behalf of the country. Third, the duty of public office, that is, it is a function derived from a certain position or authorization. Fourth, the legitimacy of public service, that is, the exercise of this function is the power given by law. If the staff of state organs perform their duties according to law, the activities of directors, managers, supervisors, accountants and cashiers of state-owned companies to manage and supervise state-owned property are official duties. Those labor activities and technical services that do not have authority, such as the work of salespeople and ticket sellers, are generally not considered as official duties.

On the scope of national staff

According to Article 93 of the Criminal Law of People's Republic of China (PRC), state functionaries are divided into two categories: one is those who are engaged in public affairs in state organs. The other is the national staff "on the basis of national staff", which can be called quasi-national staff. As far as national staff are concerned, it consists of three parts:

First, people engaged in public affairs in state-owned companies, enterprises, institutions and people's organizations. Second, personnel who are appointed by state organs, state-owned companies, enterprises and institutions to engage in official duties in non-state-owned companies, enterprises, institutions and social organizations.

Third, other people who engage in public affairs according to law.