Abstract: According to Criminal Law, the staffs of state-owned companies or enterprises or business units, being worked as public servants, belong to the legal subjects of bribery. And Articles 165 to 169 stipulate that only these relevant staffs could be criminal subjects. State-owned companies or enterprises should be whole-funded state-owned ones. It is against objective reality for some scholars or judicial persons to look upon state-controlled or state joint-stock companies or enterprises as state-owned ones, even handling cases according to this improper viewpoint. The above-mentioned, in theory, is dangerous, for its blind expanding of the criminal scope without considering the equal rights of the other subjects of market economy, and, in practice, harmful, for having made and being making wrong cases so as not to safeguard effectively the human rights of citizens.

Key words: criminal subjects, intervening degree of Criminal Law, protection of human rights, state-owned companies