The Congnizance Of The State Personnel In The Limited Liability Company

With the development of the socialist market economy, the state-owned enterprise, originally as a production and business unit, now is a commodity producer, operator and market entity. The joint-stock reform is an important way to strengthen the leading position of the state-owned enterprise in the national economy, make the state-owned enterprise more competitive in the new situation. It is good for the preservation and appreciation of the state-owned capital and it is an very important direction for the reform of the state-owned enterprise. On the other hand, to develop the state-owned sector in a various forms and achieve the state-owned capital's dominance in the national economy, the state-owned capital could be a shareholder of other economic entities. Then the original state-owned enterprise begins to evolve into enterprise solely funded by the state, state controlling enterprise and State-owned shareholding enterprises. The new problems brought about by changes is the identification of the national staff in the new joint-stock company. Are they still national staff? There is a big controversy in judicial practice, and relevant casedecisions are quite different.Bias of the theoretical understanding and ambiguity of the legislation are the main causes of the problem. Such problem, which can not be solved now, has a certain negative impact on the criminal investigation to such personnel in the judicial practice. Research on this problem has both strong theoretical and practical significance. Based on relevant case in practice, with case analysis and theoretical analysis, we will do an in-depth analysis of the particularity of such personnel in the joint-stock company. And then we can have a standard for the identification of such personnel.