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国家工作人员的本质内容,在国有控股、参股公司中体现为代表国家依法监督、管理国有资产,具体表现为代表国家履行股东权益。所以,在认定国有控股、参股公司中国家工作人员身份时,要根据公司法和刑法中的相关规定,以及公司管理的具体情况,准确界定国有股东享有的权益内容,做到形式和实质的有机统一。
The essence of state staff is embodied in the state-controlled and joint-stock companies as the supervision and administration of state-owned assets on behalf of the state according to law, in the specific performance of the performance of shareholders’ rights and interests on behalf of the state. Therefore, when determining the status of state staff in the state-controlled or joint-stock companies, according to relevant provisions of the Company Law and Criminal Law and the specific conditions of the company’s management, the content of the rights and interests enjoyed by state-owned shareholders should be precisely defined so that the formal and substantive organic Unite.