The Definition Of State Owned Companies And State Functionaries In Criminal Law

In many cases,whether it is a state functionary,as an important consideration,often determines the outcome of the case.However,in China’s criminal law and other laws and regulations,the identification of state functionaries has not been unified,and the definition is relatively confusing.Therefore,it is of great practical significance to correctly identify the status of state functionaries.At present,with the continuous improvement of China’s legislation,there are many interpretations and disputes about the identification of state functionaries in the criminal law,and the deepening of anti-corruption and building a clean government has more urgent requirements for this issue.In order to solve the related problems of state functionaries and better serve the theoretical research and judicial practice,it is very important to clarify the related concepts and identification of state functionaries in criminal law.Therefore,this paper takes the case of Rong embezzlement of public funds as an example to discuss the identification of Chinese owned enterprises,companies and national staff in six parts.The first part introduces the basic situation of the case of Rong suspected of embezzling public funds,and extends the disputes on the identification of state-owned companies;the second part introduces the existing forms and development process of state-owned enterprises and companies in different historical periods,as well as the change process of the connotation and extension of state-owned companies,and summarizes and sorts out the current state-owned enterprises and companies’ investment and different deposits In the form,and compare the economic law and criminal law on the state-owned enterprises,companies and the connection and difference.The third part introduces the current situation of the identification of state-owned enterprises and companies in China’s criminal justice practice,as well asthe existing differences and disputes,as well as why there are different judgments on similar situations in different cases.The fourth part analyzes the different types of state-owned enterprises and companies on the definition of the concept of state-owned personnel,as well as the differences and connections between the concept and the criminal law.The fifth part analyzes the author’s views on the definition of state-owned enterprises,companies and state functionaries.In the sixth part,based on the research results of the full text,combined with the specific circumstances of the case,it is concluded that the company of Rong is a state-owned company,and Rong is a state-owned staff member,whose behavior constitutes the crime of misappropriation of public funds,and puts forward his own opinions on how to define the state-owned enterprises and companies accurately from the theory and practice.