The Duty Crime Problems in State-owned Enterprise Restructuring
|Keywords||State-owned enterprises Restructuring The duty crime Legal recognition|
At present,in the state-owned enterprise restructuring process, the developmenttrend of serious duty crimes, showing suspects is mostly corporateexecutives,crimes in nest an string is majority, forming various means, and theincident lasting a long incubation period and so on. The reasons of multiple dutycrimes in state-owned enterprise restructuring, mainly due to: legal defects in theprevention and control of ineffective punishment, inadequate supervision, enterprisesystem is imperfect. In this paper, the theory of law and the existing legal provisions,combined with judicial practice and case,on the part of legal recognition issues. First,several special act shall perform detailed analysis in law:"hidden assets in therestructured enterprise " should be differentiated recognized as a crime of corruption,dereliction of duty of state-owned companies crime or abuse crimes, crime of ownedassets;" false assessment cheap converted into shares " should be recognized intoshares favoritism cheap, sale of state assets sins;"Across the behavior before andafter restructuring" in the case of similar conduct, should be separately identified,graft, the case of the same act, should belong Imaginative Joinder to act as a sinbefore restructuring identified. Then, for several elements of the legal recognitionand some contentious issues of duty crimes in state-owned enterprise restructuring–the crime subject, crime object, the amount of crime involving research: restructuredenterprise must be legally delegated personnel engaged in official business isconsistent with national staff the main requirement; against debts, equity, real estatecan become the object of crime; crime to the full amount of state-owned sharescalculated pro rata portion of deduction. Finally, state-owned enterprises on theprevention of duty crimes in a few suggestions, which are to revise and improve thecriminal law measures, strengthen the restructuring of state-owned enterprises in thestate-owned assets supervision and restructuring of state-owned enterprises improveinternal systems and management.