Research On The National Staff In The State-funded Enterprises

Along with the reform of our country’s economic system, to reform State-owned enterprises according to the modern enterprise system has become a trend. The traditional State-owned enterprises gradually shift into State-owned holding enterprises, State joint-stock companies and other types of State-funded enterprises. Following the the reform of State-owned enterprises,there is a problem that how to identify the national staff in these enterprises. The criminal responsibility of national staff is far heavier than non-state staff, so the research on the national staff in the State-funded enterprises have very important significance. State-funded enterprises including the State-owned enterprises and State-owned holding enterprises, the State joint-stock enterprises.The State-owned companies in criminal law only refers to the enterprises whose capital all belongs to the state. Persons who assigned to the non-state enterprises to perform public service should research the assign subject,form and the object.Generally speaking, the directors, supervisors and general manager of State-funded enterprises can be consider to national staff. The one who use their own labor to obtain technology pay, don’t belong to the national staff. To research the State-funded enterprise staff easy have some problems, such as the subsidiary branch of State-funded enterprises,double identity person, as well as the cognizance of the supervision institution of State-owned assets, etc. There are some problems to find the national staff in the State-funded enterprises,such as the standard is difficult to grasp, the logic contradiction,not conform to the austerity of criminal law and not tally with the world trend.It is the suggest that cancel the method to discover the national staff in State-funded enterprise, instate of it,to improve the company personnel crime punishment, give full play to the advantages of modern enterprise system to prevent the loss of state assets.