Research On The Identification Of National Staff Members In The State-owned Holdin Gcompanies

To study the crime of duty in state holding company is the core and key,and also the premise.In judicial practice,the distinction between the identity of the state personnel and the status of non state personnel is directly related to the division of jurisdiction in criminal investigation,the identification of this accusation and other charges,the application of heavy penalty and light punishment.However,because the law is not clear enough,theoretical research and judicial practice of state-owned holding companies in the emergence of job-related crimes,it is easy for staff to understand the existence of controversy.The identification of state personnel has become the focus of the investigation and study of crimes committed by state holding companies in China,and it is also a problem that needs to be clear.Based on the analysis of the provisions of the criminal law and the relevant legal interpretation,combined with comparative analysis of specific cases,analyzed the identification problem is divided into three parts of the state-owned holding company China personnel,and puts forward some suggestions,in order to state-owned holding companies Chinese home staff identified the problem,described more thoroughly and more clearly,in the judicial practice operation is more clear and convenient.The first part of the article leads to the case,introduces the basic situation of the case,the disputed focus of the prosecution and the defense and the court's trial results.The controversial issues related to the identification of the subject of behavior and the identity of the state personnel are reviewed.The second part is the legal analysis of the issues in the case,pointed out the important influence to distinguish the identity of the staff identity of personnel and state of duty crime conviction and sentencing of the state holding company.Combined with the case group legislative history,specific types of national staff in the criminal law,the state-owned holding company Chinese personnel standards and evidence,ZhaoChengjiang special identity behavior such as in-depth analysis.The third part,from the Zhao Chengjiang case of difficult problems affecting the state holding company Chinese home staff is summarized,in-depth study on the key issues,and starting from different levels,puts forward four suggestions.