刑法中的国有公司、企业辨析

公司与企业之间的关系从本来意义上说是一种种属关系,但在我国刑法中,在多数情况下,公司与企业的关系是并列关系。如何理解刑法中规定的国有公司、企业,存在着不同的看法,这不同的看法,可能会对同一案件产生罪与非罪、此罪彼罪的不同认定。本文认为,刑法中所称的国有公司、企业是指全部资产为国有资本的公司、企业,而不包括国有资本控股或参股的公司、企业。

On the State-Owned Companies or Enterprises in the Criminal Law of the PRC

The relationship between the company and enterprise is in its nature a kind of generic-specific relationship, while in the Criminal Law of the PRC it is regulated as a kind of parallel relationship. How should the state-owned companies or enterprises in the Criminal Law of the PRC be defined ? There are several viewpoints. These different viewpoints will result in different court decisions about the crime or non-crime and one crime or another to the same case. The author in this article argues that the state-owned companies or enterprises in the Criminal Law of the PRC should be defined that all the capital is owned by the state, excluding the companies and enterprises of the state-owned capital holding and participating stocks.