国有控股企业中“国家工作人员”的界定-法律专业论文.docxVIP

II II Abstract The economic and the law are combined together, inseparably interconnected, the economic development need the change of law is necessary. The state-holding enterprises of newly economic entity standardizes enterprise management employee’s behavior, especially for taking acting new demanding of position criminal behavior’s legislation and administration of justice. According to the supreme law of judicial interpretation, only government agency, enterprise, institution organization delegated and state-holding enterprises staff are recognized as government employees. This kind of statement is offering certain evidence to public prosecutor for investigating affair about position criminal behavior. However, this judicial interpretation whether can be clarified the scope of the state holding enterprises employees, the judicial interpretation manipulate itself whether it is adequate or not, the author consider, still have some inappropriate. First, It is said that the issue of supreme law” The China court investigation of crime of economic case forum abstract” in 2003, the state-holding enterprises stand for the administrative and supervisory of state invest entity, management employees are recognized as government employees, but the scope of ” the administrative and supervisory of state invest entity, management employees” is not explained by the judicial interpretation, it is difficulty for taking action during the justice manipulation. Besides, the administrative law definite the state-holding enterprises is belong to one of kind special state-owned enterprises, this statement makes the conflict between the administrative law and the criminal law, on the other side it reflects that the criminal legislation is difficulty to adapt dramatically economic development and is existing of certain hysteretic nature, On the contrast of strict criminal law, the administrative law show more flexible “advantage”. At Last, the principal of “the adaptation of crime, dut