On The Identification Of "State Staff" In State-Funded Enterprises

Under the background of deepening the reform of state-owned enterprises,the shareholding system reform of state-owned enterprises is gradually advancing,and the concept of state-funded enterprises arises at the historic moment.How to identify " state functionaries" in state-funded enterprises has gradually become a difficult problem in handling duty crimes.In order to solve this judicial problem,we should unify the criteria for identifying state-funded staff members.In order to avoid different local judicial organs to adjudicate the relevant cases differently the state has successively issued a series of judicial interpretations,but it can be said that a patch has created a new gap at the same time.In view of this,the author concluded and sorted out the difficult cases in judicial practice,read the discussions of relevant experts and scholars,and looked up relevant documents and materials,and finally came to the three major differences in the identification of state functionaries in state-funded enterprises,namely,the definition of the nature of state-funded enterprises,the grasp of the formal requirements of " appointment" and the essence of " engaging in public affairs".This article mainly focuses on these three parts and gives the final conclusion,hoping to provide some reference for judicial practice.This article is mainly divided into three parts:The first part mainly introduces the judicial status of national staff identification in state-funded enterprises.Starting from the difficult judicial cases,this paper introduces the outline of the case,sorts out the focus of disputes and analyzes the causes of the difficulties.Finally,the main reasons leading to the dilemma of identification of state functionaries are as follows: first,the ambiguity of judicial interpretation;Second,the connection between criminal legislation and relevant laws.The second part focuses on the nature of state-funded enterprises,which is also a prerequisite for the identification of state functionaries.State-funded enterprises are not equivalent to state-owned companies and enterprises in the sense of criminal law.This chapter affirms the state-owned nature of state-owned companies and enterprises by defining the scope of state-owned companies and enterprises in the criminal law,while excluding state-owned holding companies and enterprises from the scope of state-owned companies and enterprises,all of them are recognized as non-state-owned companies and enterprises.In addition,it gives solutions to some difficult problems in the nature identification of state-funded enterprises,such as the nature identification of restructured enterprises,affiliated enterprises and secondary derivative enterprises.The third part interprets the core elements of national staff identification from both formal and substantive aspects.On the one hand,it introduces the legal meaning and legal requirements of the formal requirement of " appointment",focusing on the definition of " organization responsible for the management and supervision of state-owned assets" in indirect appointment,the special problems existing in the appointment,namely,the dual status and secondary appointment,and the similarities and differences between " appointment" and " appointment".On the other hand,it discusses the essential element of " engaging in official business" from two aspects of connotation and characteristics.The essential feature of state functionaries is to engage in official business.In the identification of state functionaries,the essential elements should focus on the two characteristics of " state representation" and " public affairs management".The judgment of the formal elements is the premise of the judgment of the substantive elements.The formal elements are first followed by the substantive elements,both of which are indispensable.Finally,through the use of the above-mentioned relevant judgment criteria,the main identity of the executives of several typical state-funded enterprises is clarified.