State-funded Enterprises In The National Judicial Definition Of Staff Identity

With the continuous developing of the reformed state-owned enterprises (SOEs), state-owned capital begins to participate in other economic entitie s in a variety of ways. Therefore, the original simple State-Owned Companies begin to evolve into wholly state-owned enterprises, state-owned holding enterprises, state-owned enterprises and other state-owned stakes.These changes brought issues including identifying the original staff of the state invested enterprises. For these staff remained in the new joint-stock companies, should they be treated as before or the new policies will be applied to them?In the judicial practice, there is a big controversy, and the relevant cases are also different. The state funded enterprises staffs are more difficult to identify than other civil servant staff, which involves:the definition of the scope of the state funded enterprises, "the organizations responsibility of management and supervision of state-owned assets", the appointment of various elements, understanding of "engagement in public affairs",compatible of "Opinion" and The Criminal Law Chapter ninety-third he link between The Criminal Law and the Company Law.These complexities submit to other aspects such as the premise, process, property, etc. The different aspects will lead to the different means of solving the problem, and ultimately identification of them.In this paper, the author takes case analysis with a combination of analysis, the particularity and the reasons for the identification, and discusses the specific criteria to identify the above mentioned issues. Some suggestions on how to establish the legal system of "national staff’ in the enterprise management are given. In the scenario, it is recommended that it is urgent to build a clear and rigor system for the "national staff’ identification which reflects the own needs of Criminal Law and also does not conflict with the business legislations.