Are the personnel of public institutions state functionaries?

Criminal Law of the People's Republic of China.

Article 93 stipulates: "For the purposes of this Law, the term "state functionary" refers to a person engaged in official business in a state organ. State-owned companies, enterprises, public institutions, and people's organizations.

Personnel engaged in public affairs and state organs, state-owned companies, enterprises, and public institutions are appointed to non-state-owned companies, enterprises, public institutions, and social organizations.

Persons engaged in public service, as well as other persons engaged in public service in accordance with the law, are considered State functionaries. ”

From this point of view, the personnel of public institutions should be treated differently.

Public institutions are not state public officials, and there are usually two situations in which the establishment of public institutions and enterprises are:

1. In addition to the establishment of business personnel, there are also personnel who are treated as enterprise employees and do not account for the establishment of the enterprise.

2. In addition to the establishment of the enterprise, the unit also has an enterprise unit, which belongs to this institution, and the personnel identity of the enterprise unit is the employee of the enterprise. State public employees refer to the staff of state organs at all levels, and are the main body exercising state power and performing state official duties, including national, provincial, municipal, county, town, public security, discipline inspection and other public servants.

Public institutions are not considered state officials. Public employees are civil servants, and the staff of the state's ** departments, whether they are civil servants working in the local area or civil servants working in the region, are the nature of the work of the administrative establishment, and the salary is all fully allocated by the government. The personnel of public institutions are mainly engaged in social welfare work, or non-profit work, which belongs to the establishment of public institutions, and is essentially different from state public employees.

There are public institutions managed by reference to civil servants, but they do not belong to the civil servant sequence.

Legal basis: Civil Servants Law

Article 2 A.

"Civil servants" as used in this Law refers to staff members who perform public duties in accordance with law, are included in the state administrative establishment, and have their wages and benefits borne by the state treasury.

Some of the establishment of public institutions belong to public employees, and some can only be called staff members of public institutions, or staff members within the systemThe staff of public institutions are not exclusively public employees

The provisions of Article 15 of the Supervision Law actually include two categories of personnel, the first category is public employees, and the second category is relevant personnel, such as personnel engaged in management in grassroots mass autonomous organizations, which do not belong to the category of public employees, but they have certain management power in their hands, and they belong to other personnel supervised by the Supervision Law, but they do not belong to public servants.

Legal basis:

Article 15 of the Supervision Law of the People's Republic of ChinaThe Supervision Organs are to supervise the following public employees and relevant personnel:

Civil servants of organs of the Communist Party of China, organs of the People's Congress and its Standing Committee, People's Committees, Supervision Commissions, People's Courts, People's Procuratorates, organs of committees at all levels of the Chinese People's Political Consultative Conference, organs of the Democratic Party, and organs of the Federation of Industry and Commerce, as well as personnel managed with reference to the Law of the People's Republic of China on Civil Servants;

2) Personnel engaged in public affairs in organizations authorized by laws or regulations or entrusted by state organs to manage public affairs in accordance with law;

3) Managers of state-owned enterprises;

4) Personnel engaged in management in public education, scientific research, culture, medical and health, sports and other such units;

5) Personnel engaged in management in basic-level mass autonomous organizations;

6) Other persons performing public duties in accordance with law.

Public institutions are not considered state officials. Public employees are civil servants, and the staff of the state's ** departments, whether they are civil servants working in the local area or civil servants working in the region, are all in the nature of the work of the administrative establishment, and all the salaries are allocated by the full draft of the financial department. The personnel of public institutions are mainly engaged in social welfare work, or non-profit work, which belongs to the establishment of public institutions, and is essentially different from state public employees.

"Public institutions" refers to social service organizations organized by state organs or other organizations using state-owned assets for the purpose of social welfare, and engaged in activities such as education, science and technology, culture, and health. To sum up, it is of a public welfare nature and is managed by the state.

Public institutions are generally institutions set up by the state with a certain public welfare nature, but they do not belong to the first organization, and their staff are different from civil servants.

Civil servants belong to the administrative establishment and are state officials who serve the people. Civil servants exercise the executive power of the State and perform the official duties of the State. Public institutions belong to the establishment of public institutions, and public institutions are generally institutions with a certain public welfare nature set up by the state, but they do not belong to ** institutions.

To sum up, career editors are not ** organizations, and they are different from civil servants.

Public institutions are of a public welfare nature, and enterprises are for the purpose of making profits.

The performance salary of the enterprise depends entirely on the profitability of the enterprise, and is paid according to the salary strategy and performance appraisal results of the enterprise; The public institutions are different, and the public institutions have different funds and guarantees for their performance wages according to different categories of units, which are basically issued by the state.

To sum up, the wages of enterprises depend on the operation of enterprises, while the income of public institutions is guaranteed by drought and flood.

Some are, some don't. Let's explain it from the classification of staff in public institutions!

The staff of public institutions are mainly divided into the following categories:

1.The administrative establishment, that is, the establishment of civil servants. It is usually the leadership personnel, that is, the cadres. Generally, there are fewer party secretaries, bureau chiefs, and members of the party group, and there are more than 10 people.

2.The establishment of the cause is the establishment of cadres and staff in the middle of the fire. Most of them are department directors or staff members other than team members.

3.Labor dispatch. Pei Chong is a service that is purchased from a third party according to the needs of the work.

This type of personnel is similar to contract workers, except that the contract is signed between the unit and the labor company, and the labor service company recruits the personnel to work (the two parties sign an employment contract). The unit pays the labor service company, and the labor service company pays the personnel.

4.Public welfare posts. It is a position set up to solve the employment pressure of college graduates, usually two or three years for the contract period, and the salary is low.

5.Temporary positions. Usually it is the cleaning or janitor (some are outsourced to buy the service one by one, as in the third category), the entire contract.

Hello, I'm glad that your problem public institution is not considered a state person. The personnel of state organs are civil servants and the staff of the ** department of the state. The personnel of public institutions are mainly engaged in social welfare work, or non-profit work, and Shishen belongs to the establishment of public institutions, which is essentially different from that of state public officials.

There are public institutions managed by reference to civil servants, but they do not belong to the civil servant sequence. Hope my first helps, I wish you life!