Definition "State Personnel" Of The State-holding Enterprise

The economic and the law are combined together, inseparably interconnected,the economic development need the change of law is necessary. The state-holdingenterprises of newly economic entity standardizes enterprise management employee’sbehavior, especially for taking acting new demanding of position criminal behavior’slegislation and administration of justice. According to the supreme law of judicialinterpretation, only government agency, enterprise, institution organization delegatedand state-holding enterprises staff are recognized as government employees. This kindof statement is offering certain evidence to public prosecutor for investigating affairabout position criminal behavior. However, this judicial interpretation whether can beclarified the scope of the state holding enterprises employees, the judicialinterpretation manipulate itself whether it is adequate or not, the author consider, stillhave some inappropriate. First, It is said that the issue of supreme law” The Chinacourt investigation of crime of economic case forum abstract” in2003, thestate-holding enterprises stand for the administrative and supervisory of state investentity, management employees are recognized as government employees, but thescope of” the administrative and supervisory of state invest entity, managementemployees” is not explained by the judicial interpretation, it is difficulty for takingaction during the justice manipulation. Besides, the administrative law definite thestate-holding enterprises is belong to one of kind special state-owned enterprises, thisstatement makes the conflict between the administrative law and the criminal law, onthe other side it reflects that the criminal legislation is difficulty to adapt dramaticallyeconomic development and is existing of certain hysteretic nature, On the contrast ofstrict criminal law, the administrative law show more flexible “advantage”. At Last,the principal of “the adaptation of crime, duty, punishment” is not demonstrated wellby the state-holding enterprises employees’ affirmation, the related managementemployees of the stated-holding enterprises have government employee’s salary, butnot take any responsibility of government employee’s obligation in criminal law, it isnot good for protecting state property, also is not good for punishment and negativelyevaluation of offenders in criminal law, even can not reach prevention of criminalfunction in criminal law. Thus, the author think that it should do some amend andaccomplish about law, it states clearly about the scope of” the administrative and supervisory of state invest entity, management employees”, realize interactionbetween the administrative law and the criminal law, well demonstrated about thenature of state-holding enterprise, furthermore it clearly clarify the appropriate scopeof state-holding enterprises government employees.