国有控股公司不同于纯粹的国有公司,其被监管的力度明显弱于后者。由于现行法律法规的不完善以及监督制约机制的不健全,导致改制后的国有控股公司成为职务犯罪的高发领域,对国有控股公司中国家工作人员的身份认定也一直是司法实践中探讨和争论的话题。在具体司法实践中,应当严格依据“受国有单位委派”以及“从事公务”两个必要要件来准确认定国有控股公司中国家工作人员的特殊身份,这对预防和惩治国有控股公司中的职务犯罪具有重大现实意义。 State-owned holding companies, unlike pure state-owned companies, are under significantly less regulated than the latter. Owing to the imperfect laws and regulations and the imperfect supervision and control mechanism, the state-owned holding company after the reform becomes the high-incidence field of job-related crime. The identification of the national staff in the state-owned holding company has also been discussed and argued in the judicial practice. topic. In specific judicial practice, the special status of the staff of state-owned enterprises in the state-owned holding companies should be accurately determined on the basis of two essential elements such as “being appointed by state-owned units” and “being engaged in official duties” strictly. This is of great significance in preventing and punishing state-owned holding companies In the duty crime has great practical significance.