The Concept of the Civil Servants in the Criminal Law

• Main Authors: Liu,Hsin-Mao, 劉興懋
• Other Authors: Lin,Dong-Mao
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/rsqs5f

碩士 === 東吳大學 === 法律學系 === 102 === Abstract In Taiwan, the 16th revision in Article 10 Sec 2 of the Criminal Law, the definition of the government employee has also been amended. Nevertheless, this Amendment still does not solve issues that have existed previously. The reason is that the Amendment has juxtaposed different kinds of concepts of the government employee, is in nature detrimental to restricting the scope of this concept. The purpose of this study is to research on the definition of the government employee in criminal law. The contents of this study were separated into six chapters. Each of them was specified below: Chapter one of this text is introduction: In this chapter is to explains the research motive, scope, order, and research methodology of the study. Chapter two: In this chapter is to introduce the origin and development about the definition of the government employee in Criminal Law of other country, especially the law of Germany、Japan and China. Chapter three: In this chapter is to introduce the theoretical definition of protected legal interests in criminal law in history and at present, then explaines the function of protected legal interests, and discussing the question before and after the definition of the government employee in Criminal Law. Chapter four: In this chapter is to argues the premise that the interpretation of individual offense shall hinge on the legal interest that each offense is involved, government employee conception in different kinds of offenses shall be different. That is, different kinds of offenses might define the government employee in the general, broad or strict term. Chapter five: In the end, on the concept of judicial practice applicable to civil servants interpreted as finishing classification. Chapter six: According to the research results above, the study delivered the opinion of modifying the articles currently.