Research On The Subject Of Crimes Committed By Employees Of State-funded Enterprises From The Perspective Of Procuratorial Work

One of the important objects of procuratorial organs investigating and dealing with official crimes is the state funded enterprise personnel,and the criminal law of our country does not specify whether the scope of state-owned enterprises is inclusive of state-owned holding or joint-stock enterprises.The supreme law in 2003"national court cases of economic crime conference" and in 2005 the supreme law"on how to identify the state-owned holding shares of Limited by Share Ltd in the state owned company,enterprise personnel explained" explicitly exclude state-owned holding shares of Companies in the state-owned enterprises outside the scope of the standard,the academic and practical circles there has been controversy.Along with the reform of state-owned enterprises,the formation of the modern enterprise system,the state-owned holding listed companies has become the main form of state-owned enterprises,these enterprises have been excluded from the state-owned enterprises outside the scope,causing different opinions in judicial practice more,there are differences in the same kind of trial results.With the two high "on the handling of several issues concerning the application of law in the crimes committed by the state funded enterprises opinions" of the introduction,part of the staff of state-owned holding shares of enterprises in the national staff category,but not enough "and shortcomings still exist in the judicial practice of opinions"provisions.As the main body of investigation of crimes committed by state-owned investment enterprises,the identification of state invested enterprises and Chinese staff members is more complicated than that of other countries.According to the"opinions" provisions,controversial in the judicial practice of the state-owned enterprises,shareholding enterprises indirect investment enterprises are state funded enterprises;"how to correctly identify the assigned business","responsible for the supervision and management of state-owned assets and organizational responsibilities" how to define the legal issues.The purpose of this paper is to make a thorough study and exploration of the identification of the subject of duty crime in state funded enterprises,and to introduce the content,scope,orientation and introduction of extraterritorial legislation.This paper expounds the relations and differences between state-owned enterprises and state invested enterprises,and especially puts forward the definition criteria for whether the state-owned capital indirect investment enterprises personnel are incorporated into the subject of crime by taking advantage of duty.Combining with the experience in practice,this paper puts forward the difficulties of"appointing" to engage in official business on the evidence collection,and makes a thorough analysis,and puts forward how the procuratorial organs should grasp the accreditation standards of accreditation.Whether or not the Party committee is identified as a "organization" is demonstrated.The author from the procuratorial organs and the state invested enterprise functionary crime in the perspective of the state-owned enterprise personnel dereliction of duty should be unified jurisdiction jurisdiction by procuratorial organs,put forward the establishment of a separate state funded enterprise personnel duty crime charges,from the legislation to solve the practical difficulties encountered in the procuratorial organs funded enterprise personnel in the investigation of duty crime in the country.Envisaged by these suggestions to give full play to the prosecution against the state invested enterprise personnel corruption through functions,intensify the investigation and handling of state funded enterprises duty crime,to reduce the loss of state-owned assets.