Research On The Identification Of National Staff In State-funded Enterprises In Banking Field

With the continuous deepening of China’s economic system reform,in order to better adapt to the requirements of the socialist market economic system,China’s state-owned enterprises have carried out large-scale reform and reorganization,and their internal employee has also undergone significant changes.However,at present,the relevant provisions on the identification of state functionaries in China’s criminal law have not been revised in time.In addition,there are huge differences among the penalties for similar acts of different status actors in China’s criminal law.Whether it is identified as "national staff" or not will directly lead to significant differences between crime and non crime,between this crime and that crime,between felony and misdemeanor.As a result,the identification of national staff in state funded enterprises has become a major problem in academic circles and judicial practice.Therefore,it is necessary to study the identification of national staff in state funded enterprises and clarify the relevant definition standards.This paper selects a typical representative of state funded enterprises-state funded banking financial institutions as the research object,starting from three typical cases,comprehensively discusses the difficulties in the identification of state funded enterprises,especially in the banking field,and combs out the three identification elements of the nature of the unit,"appointment" and "engaging in public affairs".Combined with the legal theory and relevant legal provisions,this paper analyzes the relevant focus issues in the identification,and finally comes to the conclusion that in the field of banking,the identification of state-owned enterprises should adhere to the "whether there are state-owned assets",scientifically identify the organizations responsible for the management and supervision of state-owned assets,and firmly adhere to the public service theory This paper uses the relevant standards to identify the identities of several typical types of staff such as senior managers and tellers in state funded enterprises in the banking field,and briefly evaluates the judgment results of the three cases selected in this paper.Finally,from the legislative and judicial level,this paper puts forward some suggestions on the identification of national staff in the banking field.That is to say,at the legislative level,we should further revise and improve the relevant laws and regulations,clarify the definition standard of national staff in state funded enterprises;at the judicial level,we should moderately restrict the definition scope of national staff,unify the judicial scale,and prevent the improper expansion of the identification scope.