【裁判要旨】当前,国有企业为了加快现代化进程,适应市场经济的需要,不断地在进行经济发展方式转变的改革。在这个特殊历史时期,某些国家工作人员利用职务便利,以进行国企改革为幌子,实施损害国有企业利益的行为极具迷惑性和隐蔽性。我们必须透过现象,从主客观方面进行全面分析,才能看清行为的实质,进而作出判断。 [Keynote for referees] At present, in order to speed up the process of modernization and to meet the needs of a market economy, state-owned enterprises are constantly carrying out the reform in transforming the mode of economic development. In this special historical period, the staff of some countries took advantage of their positions to carry out state-owned enterprise reform under the guise of prejudicing the interests of state-owned enterprises and were deceptive and covert. We must conduct a thorough analysis from the subjective and objective aspects through phenomena so as to see clearly the essence of the act and make judgments.