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在最高人民检察院、最高人民法院制定并下发《关于办理国家出资企业中职务犯罪案件具体应用法律若干问题的意见》之后,除了委派人员,经国家出资企业中负有管理、监督国有资产职责的组织批准或者研究决定,代表其在国有控股、参股公司及其分支机构中从事组织、领导、监督、经营、管理工作的人员,也认定为国家工作人员。本文在“国家出资企业中负有管理、监督国有资产职责的组织”这一范围已经明晰的基础上,结合有关案例,对“代表其在国有控股、参股公司及其分支机构中从事组织、领导、监督、经营、管理工作”这一要件所包含的范围及认定,进行了探讨。
After the Supreme People’s Procuratorate and the Supreme People’s Court formulated and issued the Opinions on Several Issues Concerning the Specific Application of Law in Handling Work-related Crimes in State-funded Enterprises, in addition to appointing officers and shouldering the duties of managing and supervising state-owned assets in state-funded enterprises Organizations that approve or make research decisions and represent them as personnel engaged in the organization, leadership, supervision, management and management of state-owned holding companies, joint-stock companies and their branches are also recognized as state staff. Based on the clear definition of “the organization that has the responsibility of managing and supervising state-owned assets in the state-funded enterprises”, this article combines the relevant cases with the case of “controlling the state-owned enterprises, joint-stock companies and their affiliates Organization, leadership, supervision, management, management, ”the scope and identification contained in this requirement were discussed.