criminal

The 13th Criminal Division Meeting of the Supreme Court in 2019 resolved: "Public university professors are entrusted or subsidized by the private sector and are responsible for implementing scientific and technological research and development plans. The school signs a contract with the person who entrusts or provides subsidies, and the research funds entrusted or subsidized are allocated to the school. According to the account, the professor participated in related procurement matters to implement this science and technology research and development plan. Since the funds came from the private sector, that is, they did not involve the allocation and use of national resources and had nothing to do with public affairs. They were not authorized or entrusted civil servants. "Professors at public universities are entrusted by the government or public research institutions to be responsible for scientific and technological research and development projects, which are still academic in nature and have not obtained any statutory authority without authorization by law." Their participation in relevant procurement matters in order to complete the scientific research project is only incidental to the implementation of the scientific research project and does not involve the exercise of public power. It is not a matter related to the national economy and people's livelihood. It is not a public affair and is subject to Article 1 of the Criminal Law. The second paragraph of the first paragraph of Paragraph 2 of Article 10 does not meet the requirement of "having statutory authority to engage in public affairs in accordance with the law" and is not an "authorized civil servant". Even though the public university to which the procurement department belongs is handled in accordance with the provisions of the Government Procurement Law, the professor is not the "person responsible for or supervising procurement" of the public university and has the legal authority to handle procurement matters, nor is he an authorized civil servant as exemplified by the legislation. Therefore, the relevant procurement matters that professors participate in to implement scientific research projects are neither exercising public power nor engaging in public affairs, and have nothing to do with the authority of the entrusted or subsidized government or public research institution, and are not related to Paragraph 2 of Article 10 of the Criminal Law. The requirements stipulated in Paragraph 2 of "being entrusted by the state or local self-government agencies in accordance with the law to engage in public affairs related to the authority of the entrusting agency" do not meet the requirements and are not "entrusted civil servants".

Therefore, according to the previous resolution of the 13th Criminal Court Meeting of the Supreme Court in 2019, public university professors are entrusted by the government or public research institutions (purchases) to be responsible for the implementation of scientific research projects and handle related procurement matters. They do not have the status of criminal civil servants. . If there is any violation of relevant supervision and management regulations for personal gain or fraud, the relevant norms of the criminal law should be returned to be identified, and the corruption criminalization regulations will not apply.