The concept of "public servant" is used very wide in the Criminal Law. According to article 11 of the Criminal Law of the Republic of China, "crimes and punishments should be stipulated legally" and "the principle of equality", the definition of "public servant" in the general principles of the Criminal Law is suitable for dividing different types by the variety of the offense, even in other penal codes. Therefore, when we explain the term of "public servant", there should not be different meanings. Because the definition of "public servant" in the past Criminal Law before 2005 is too simple that it has caused a lot of unreasonable mistakes in our judicial practice for a very long time. That is the reason which contributes to the amendment of the Criminal Law in 2005. For offering the suggestions to our judicial practice to deal with related cases, this article tries to find out the legislative transition about "public servant" of the Criminal Law.