Reform Of State-owned Enterprises In The Duty Crime Main Body Status, Behavior Cognizance Legal Thinking

In recent years,with economic social development of gradually accelerated,State-owned enterprise reform of constantly in-depth,farm reform of full started,quite part of State-owned full funding company,and enterprise,and farm enterprise restructuring for State-owned holding,and shares company,State-owned units delegate to state-owned holding,and shares company engaged in corporate of national staff management state-owned assets process in the especially reform pilot process in the appeared of problem increasingly highlight,for in restructuring process in the Personnel identity without clear confirmed,But in the specific asset management company working in the management of State-owned enterprises asset andconfused situation,how to identify the state officials knowledge on misappropriation of public funds in justice practice.Thus through the analysis and discussin of the case,hoping for this kind of problems related to theory and judicial practice toseek more guida nce reference help.Due to the reform of state-owned assets management system reform,land reclamation is exist in the specific economic environment specific economic development in China,overseas for such different definition of state functionary,domestic research on the reform of state personnel also seldom involved,though:as prescribed in article 93 of the criminal law state personnel refers to persons who perform public service in state organs.The supreme people's court,the supreme people's procuratorate on handle the duty crime cases in state-funded enterprises's opinions on the concrete application of law in the definition of state functionary,such provisions as compared with the old criminal law has further to go forward,but the scope of that state functionaries in the judicial practice produced all kinds of ambiguity,if only for the principle of the defendant shall be presumed to personnel,has violated the legislative intent,not conducive to the protection of the state-owned property.o become state-owned central state-owned enterprises,state-owned holding companies process personnel duty crime subject of identity and behavior identity defined become an important topic facing.Through this article to the duty crime in the specific case to main body status,the cognizance of the illegal ACTS,embezzlement and misappropriation of public funds for the future judicial practice as well as in handling relevant cases,such as the reform of state-owned enterprise restructuring,agricultural reclamation crime and not crime,this crime and to provide reference of sin,to state functionaries and definition of official behavior of seeking ththeoretical basis.