National staff mainly include three types:
I. Personnel engaged in public affairs in state organs
Staff of state organs. Personnel engaged in public service in state organs include those engaged in public service in state power organs, administrative organs, judicial organs and military organs at all levels.
Two, state-owned companies, enterprises, institutions and people's organizations engaged in public service personnel.
Personnel engaged in public affairs in state-owned companies, enterprises, institutions and people's organizations. State-owned companies refer to companies whose property belongs to the state and state-controlled joint-stock companies. State-owned enterprises refer to enterprises whose property belongs to the state and are engaged in production and operation.
State-owned institutions refer to units engaged in scientific research, education, culture, sports, health, news, radio and television, publishing and other work. People's organizations refer to people's organizations such as democratic parties, federations of industry and commerce, youth, workers and women at all levels.
Three, state-owned organs, state-owned companies, enterprises and institutions assigned to non-state-owned companies, enterprises, institutions and social organizations to engage in official business.
Persons engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions. "Appointment" refers to appointment and dispatch. A person who is appointed to engage in public service, regardless of whether he has the status of national staff before, should be regarded as a "national staff" as long as he has the status appointed by law. Other personnel engaged in public affairs according to law.
The third of the above three types refers to the situation that civil servants in state-owned units are assigned to non-state-owned units to engage in official duties. Although the nature of the work unit where the employee worked at that time was not state-owned, due to the appointment of the original state-owned unit, he had the status of a civil servant and was engaged in official business, so he was recognized as a national staff member.
Extended data:
The reality of the identification of national staff;
Unlike the criminal laws of most foreign countries and regions, which define the main elements of corruption and bribery crimes as civil servants, the criminal law of our country defines the main elements of corruption and bribery crimes as "national staff".
According to Article 93 of China's Criminal Law, the scope of "state functionaries" includes but is not limited to civil servants, but refers to those who engage in public service in state organs, state-owned companies, enterprises, institutions and people's organizations, and those who are appointed by state organs, state-owned companies, enterprises and institutions to engage in public service in non-state-owned companies, enterprises, institutions and social organizations.
In addition, other personnel engaged in official duties according to law are equivalent to "state staff". This provision was determined by the social basis when China formulated the criminal law: at that time, the state-owned economy represented by state-owned enterprises occupied an absolute dominant position in the national economy, the integration of government and enterprise, and the emphasis on the management role of the state in economic activities made state-owned enterprises play a very important social role.
Therefore, the management behavior of state-owned enterprise staff has a very obvious official color, and it is very reasonable to bring such subjects into the category of "state staff" for management. Today, it is also in line with the objective requirements of economic development to exclude such personnel from the "national staff" sequence by taking the opportunity of the restructuring of state-owned enterprises.
However, marked by the promulgation of the Opinions, the judicial department has expanded the scope of "national staff" to a certain extent, which has brought some theoretical and practical problems.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law
Baidu encyclopedia-national staff