论国有控股、参股公司中国家工作人员的认定

On Determination of State Functionary in State-owned Holding and Joint Stock Company

国有单位委派到国有控股、参股公司从事公务的国家工作人员,应当从"从事公务"和"委派"两个方面进行限定。"从事公务"要求行为人国家工作人员所从事的公务是国家事务或者国家公权力介入的社会公共事务,所从事的公务应当具有管理性,即从事组织、领导、监督、管理等活动。"委派"即委任、派遣等,要考察其是否由国有单位委派或国有控股、参股公司的党委、党政联席会批准或决定。"从事公务"是实质标准,"委派"是形式标准,二者缺一不可。

State functionary who are engaged in official business m state - owned holding and joint stock company appointed by state - owned unit shall be defined from the aspects of ＂engagement of official business＂ and ＂appointment＂. ＂Engagement of official business＂ means that the official affairs done by state functionary are national affairs or social public affairs involved in public power, and official business shall have the characteristics of management, that is, engagement of organization, leading , supervision and management. ＂Appointment＂ refers to send on mission. We need to ascertain whether they are appointed by state -owned unit or approved by party committee or Party - government joint conference. ＂Engagement of official business＂ is the substantial criteria and ＂appointment＂ is criteria in form, both of which are imoortant.