Our country’s official crimes are “corruption and bribery crimes”, “dereliction of duty” and other crimes committed by state (agency) staff who take advantage of their positions。Although Article 93 of the "Criminal Law" and relevant legislative and judicial interpretations have clearly defined "what is a state (agency) employee"，But how to accurately identify the subject of official bet365 bonus bets，Still a difficulty in judicial practice。

　"Position Theory" for Identification of bet365 bonus bets Subjects

The 1997 Criminal Law limits the subjects of official crimes such as "corruption and bribery crimes" and "dereliction of duty" to the status of "state (agency) staff"。Afterwards，The identification of criminal subjects in judicial practice is no longer based on “identity theory”，And to a large extent it is the "job theory"。For example, 2000 to 2002，The Standing Committee bet365 bonus bets National People’s Congress has successively adopted legislative interpretations to assist village grassroots organization personnel in the administrative work bet365 bonus bets people’s government、Considering personnel who are not included in the establishment of state agencies who are engaged in official duties in state agencies as subjects of official crimes；The Supreme People’s Procuratorate has also issued replies in the form of approval，Director of Jiangzhen Finance Office、Contract police、Directors of township (town) industrial and commercial offices belonging to the worker establishment and other personnel are the subjects of job-related crimes。simultaneously，Personnel engaged in official duties in many units (such as supply and marketing cooperatives) have the dual status of "state (agency) staff" and company personnel，It is difficult to distinguish in specific cases。

The approach in judicial practice has brought about a lot of confusion and controversy: whether the "office theory" approach to identifying criminal subjects is consistent with the legislative purpose，If you accept the "position theory", how should you identify the criminal subject based on your position，And how to specifically define “engaging in official duties”。Find out the crux，Mainly because there is no integrity based on the composition of the bet365 bonus bets，Systematic identification of job-related bet365 bonus bets subjects，And separates the relationship between the subject of the official bet365 bonus bets and other elements of the bet365 bonus bets，Too much entangled in the establishment status of state (agency) staff，Thus falling into the "blind man feeling the elephant" type of identification dilemma。

　　Grasp the integrity of bet365 bonus bets composition

The overall composition of bet365 bonus bets，An organic system composed of the elements of bet365 bonus bets。The constitution of a bet365 bonus bets is the organic whole of each element in form and substance，Rather than the simple addition of several elements。For example，The act of A deliberately stabbing B to death，Only an organic and unified evaluation of form and substance based on the organic system composed of bet365 bonus bets constituent elements，In order to make a deterministic judgment。Because in this situation，The perpetrator may be found guilty of intentional homicide，It may also be due to lack of criminal responsibility、Legitimate defense、Killed on the spot according to law、Execution by firing squad in accordance with the law does not constitute a bet365 bonus bets，A bet365 bonus bets endangering public safety may also be established due to the object of the bet365 bonus bets，Or be found guilty of robbery、Kidnapping、Rape, etc.。

In job-related crimes，Understand the composition of a bet365 bonus bets as the "organic whole" of the elements rather than the "total sum"，Can alleviate the problem of identifying the criminal subject。For example，When examining whether the contract policeman is the subject of the bet365 bonus bets of dereliction of duty，The following factors need to be examined at the same time: Whether the perpetrator is performing the duties and powers of a state agency staff member in accordance with the law，And committed acts that violated his authority and responsibilities (objective aspects of the bet365 bonus bets)；Whether this behavior infringes upon the normal management order of state agencies (object of bet365 bonus bets)；Whether the perpetrator committed the act based on criminal intent or negligence (subjective aspect of bet365 bonus bets)。It can be determined based on the above factors，Although the contract police do not have the status of state agency staff，But in terms of the objective aspects of bet365 bonus bets、Object of bet365 bonus bets、When all subjective aspects of the bet365 bonus bets meet the corresponding constituent elements，Can become the criminal subject of the bet365 bonus bets of dereliction of duty。

、The relationship between you and me，Otherwise, it cannot be called a “requirement” in the evaluation system。Although anatomically speaking，Each element as a component is indeed a relatively independent existence；But in systems theory，Each element cannot exist and function in isolation from other elements。Just like the components of the power system，When a component leaves the power system、When leaving the association and support of other components，It no longer has the function of being a "requirement" of the power system。Similarly，If the connection between the elements of each bet365 bonus bets is separated，Then any element of the bet365 bonus bets will lose its nature and role in the entire bet365 bonus bets，It no longer has the qualitative function of criminal composition。Therefore，The independent meaning of any criminal element is relative，All are when related and supported by other criminal elements，It can be called the constituent elements of a bet365 bonus bets，Only with the function and significance of "independent elements"。The so-called criminal subject，In fact, it is stipulated by the criminal law，Intentionally or negligently committed acts harmful to society，Infringement of social relations protected by criminal law，A natural person or unit with the ability to be criminally responsible，It is a relative existence that is related and supported by other elements。

　Systematic identification of job-related bet365 bonus bets subjects

From the perspective of the overall composition of bet365 bonus bets，Systematic identification of job-related bet365 bonus bets subjects，The following three points should be done。

一，Determine based on the objective aspects of the bet365 bonus bets。In objective terms，Specifically, it is necessary to examine whether the perpetrator has committed harmful acts that violate his powers and duties in the course of engaging in official duties。If this act is not carried out, it will not constitute a duty bet365 bonus bets，There is no need to consider the subject identification of job-related crimes。This point，Can be obtained from the provisions of the Criminal Law and its corresponding legislation、Confirmed in judicial interpretation。Article 93 of the "Criminal Law" stipulates: "State functionaries referred to in this law，Refers to personnel engaged in official duties in state agencies。State-owned company、Enterprise、Public institution、Personnel engaged in public service in people’s organizations and state agencies、State-owned company、Enterprise、Public institutions are assigned to non-state-owned companies、Enterprise、Public institution、Personnel engaged in public affairs of social organizations，And other persons engaged in official duties in accordance with the law，Based on national staff。”From the definition of this article，“Engaging in public service” is the core characteristic of state workers。According to the National People’s Congress Standing Committee’s “Interpretation on Paragraph 2 of Article 93 of the Criminal Law of the People’s Republic of China”，People from village committees and other grassroots organizations in the village are assisting the people’s government in “disaster relief”、Rescue、Flood Prevention、Preferential care、Poverty Alleviation、Immigration、Management of relief funds and materials" and other administrative work，Belongs to “other persons engaged in official duties in accordance with the law” as stipulated in Article 93, Paragraph 2, of the Criminal Law。In addition，According to judicial interpretations such as "Reply of the Supreme People's Procuratorate on whether the director of the town finance office should be a staff member of a state agency" and "Reply of the Supreme People's Procuratorate on whether contract police officers can be the subject of the bet365 bonus bets of dereliction of duty"，Contract police、Directors of township (town) industrial and commercial offices appointed as workers by the personnel department and other persons who do not have the status of state workers，When performing corresponding administrative duties in accordance with the law，They can also become the subject of official crimes。Visible，Identification of the subject of official bet365 bonus bets，It should be based on the premise that the objective aspects of the bet365 bonus bets meet the legal requirements of the corresponding official bet365 bonus bets。

　Second，Determine based on the subjective aspects of the bet365 bonus bets。Identification of any criminal subject including official crimes，It is inseparable from the examination of the subjective aspects of bet365 bonus bets。Prophecy，Even if the perpetrator has the status of a state (organ) employee，And objectively carried out behavior that harmed the interests of the country or society，But if it is found that the behavior was not caused intentionally or by the perpetrator’s negligent state of mind，Then he cannot be identified as the criminal subject of the corresponding official bet365 bonus bets。According to the provisions of Chapter 8 of the "Criminal Law"，The subjective aspect of corruption and bribery crimes can only be intentional，Acts performed based on negligence do not constitute corruption and bribery crimes；According to the provisions of Chapter 9 of the Criminal Law, etc.，Subjective aspects of malfeasance and other official crimes，Intentional (such as malpractice for personal gain、Abuse of power crimes, etc.)，There are also negligence (such as dereliction of duty crimes、Liability accident bet365 bonus bets)。Obviously，If the subjective aspect does not meet the legal requirements of the corresponding job bet365 bonus bets，This job bet365 bonus bets cannot be established，The perpetrator cannot therefore be identified as the subject of official bet365 bonus bets。

Third，Determine based on the criminal object。According to the provisions of Chapter 8 bet365 bonus bets "Criminal Law"，Criminal objects violated by corruption and bribery crimes，It is protected by criminal law、The national integrity construction system that has been violated by corruption, bribery and other crimes。If the perpetrator has not violated such criminal objects，You cannot become the subject of corresponding corruption and bribery crimes。According to the provisions of Chapter 9 bet365 bonus bets "Criminal Law"，Criminal objects violated by dereliction of duty crimes，It is protected by criminal law、Normal management relationship of state agencies violated by criminal acts of dereliction of duty。If the perpetrator has not violated such criminal objects，You cannot become the subject of corresponding dereliction of duty crimes。According to the provisions of other chapters bet365 bonus bets "Criminal Law"，Criminal objects violated by other official crimes，It is protected by criminal law、The national and social public interests violated by these official crimes、Citizens’ personal democratic rights、Public and private property rights, etc.。If the perpetrator has not violated such criminal objects，You cannot become the subject of corresponding job crimes。

In short，In the practice of handling occupational bet365 bonus bets cases，Neither can we unilaterally base the "identity" requirements of criminal law legislation on "state (agency) staff" and other job-related bet365 bonus bets subjects，The interpretation of “position” for job-related bet365 bonus bets subjects such as “state (agency) staff” cannot be unilaterally based on relevant judicial documents，Make machinery for job-related criminals suspected of committing crimes、One-sided understanding and identification，A systematic evaluation should be made based on the organic integrity of the bet365 bonus bets’s constituent elements and the unity of form and substance。

　 (The author is a professor at the School of bet365 bonus bets, Southwest University of Political Science and bet365 bonus bets；Assistant Researcher at the Sentencing Research Center of Southwest University of Political Science and bet365 bonus bets)