| Corruption is a traditional crime in criminal law, it is one of the most serious crimes ofembezzlement and bribery, has always been the focus of criminal law to crack down on. Thispaper case is adopted by the real case encountered in the process of practice, the writer studiesrefer to the case file for many times, in the process of exchanging views and sponsored by thejudge, and the school teacher to discuss related problems, obtained by the combination of theorywith practice, in the end the correct analysis, judgment related knowledge points, the mostreasonable conclusion. This crime is with the development of the market economy, the reform ofeconomic system, the reform of the national civil service system, a new situation, concluded thatthe subject of corruption in the judicial practice harder, especially in state-owned enterprises, thecompany engaged in the corruption of state-owned property, embezzle state property of theprohibition of bad behavior, the cognizance of identity for such personnel have appeared largercontroversial theory and practice.This article involves the main problems, the author thinks that investment and non-stateowned company subsidiary is a legal person, the identity of the person is entrusted by delegate orspecific analysis. But Wang Yulei sign a labor contract has been no change before and after therestructuring of says it all, the person did not delegate or entrusted to, the author concludes thatWang Yulei is not personnel engaged in official business. Actor in state holding co., LTD., arenot under units shall have the right to delegate or delegate, therefore do not belong to the statepersonnel. The author thinks that, from the Angle of main body unwell, or from the perspectiveof the theory of behavior analysis can come to the conclusion that the offender does notconstitute corruption. This article mainly USES the literature method, concept analysis andhistorical comparison method to analyze the case, the specific analysis and decide how to dealthis case the identity of the person, the author proposed his own view, to the problems of thiskind of problem to solve in order to practice. |
