The basic element of the public servant in Taiwan's New Criminal Law is: "the person who is engaged in public power which is included in the governance." There are three types of public servants classified by two specific criteria as, "whether organ or not", and "whether other administrative organization or not." According to the first criterion, the public servant can be divided into the public servants in organ and the public servant in business; according to the second criterion, the public servant can be divided into the public servant in business, and the entrusted public servant. The national staff in Mainland China's new criminal law can be divided into four types: (a) engage in the public affairs in the State organs,( b) in any State-owned units and engaged in the public affairs,( C) assigned by State organs or State-owned units to non-State organizations to be engaged in the public affairs,( d) other in accordance with the law, engaged in the public affairs. The common characteristic of the staff is "engaged in the public affairs”, and the public affairs refers to "engage in organization, supervision and management activities, and has certain management functions." Therefore, its scope is broader than the concept of public power, and the scope is larger than Taiwan's.