Positive Research On Regulating Senior Managers' Crime In State-owned Enterprises

Enterprises are various organizations in national economies. When the cells in organization become abnormal, the abnormal cells will not only affect the health within organizations but also do harm to the overall national economic environments. Therefore, the present paper begins with the sick cells in the organizations, do a systematic research on the crimes committd by the top managers and the regulating methods thereof and the very end of the current paper is to find the controlling path to prevent the top managers from crimes and establish a theory framework on regulating the crimes committd by the top managers.In practical world, crimes, virtual haphazard and breach of rules are different as well as being in common. Firstly, crimes are surely virtual haphazard, while the latter will become the former only when it is severe to some extent. Secondly, breach of rules also overlaps with virtual haphazard yet they are not necessarily the same things .At last breach of rules will be crimes only when it is severe to some extent, while crimes are surely breach of rules.As far as the behavior decision is concerned, any decision making places virtual requirement in the first place then the requirement of the rules , and the last comes the punishment of the laws, which defines the 3 mechanics of preventing crimes—virtual control, rule control and law control.Based on these considerations and the above relevant researches previously done in this regard, this paper attempts to study crime committing among senior managers at state-owned enterprises and puts forward targeted preventive measures in five respects and innovating findings are obtained concerning criminal motivations behaviors and outcomes and the preventing mechanics thereof. First, the paper adopts economic analysis, analyses the criminal decision mechanism from a micro point of view, and originally adds to the existing model the variable, which seriously affects the deterrent of penalty, that is, penalty delay variable. Second, according to the existing conclusion of the research of criminal decision mechanisms, the paper analyses criminal decision mechanism of state-owned enterprises and their senior management, with the conclusion that organizational crimes are actually personal crimes, thus has terminated the long-term controversy in the law circles whether organizational crimes vitally exists. Third, whether morals, as the first barrier preventing crimes, have obvious effects is decided by personal value patterns and social moral standards and their alterations. The paper borrows the game theory in economy to learn the evolution model, expounds the evolution mechanism of moral, analyses personal decision mechanism in different moral alterations and points out that the shortcomings of the current rules leading to domestic moral degradation. Fourth, starting from the property system of state-owned enterprises, the paper discusses the supervision mechanisms and incentive mechanisms from the perspective of crime prevention in the light of the multi-level agency by agreement theory. Here, by introducing the realization of crimes and the possibility of penalty a new idea is achieved for the innovation of agency by agreement, supervision and incentive mechanisms. Fifth, the paper discusses how penalty delay detracts penalty deterrent and how it helps to restore it This is something that has been touched but still remains unsolved in the present circles of laws, but a solution is achieved in this part by using economic methods Finally, based on the conclusions from the previous discussions here, the paper offers some suggestions on how to prevent senior managers'crimes at state-owneo enterprises from committing crimes in terms of morals, systems, criminal legislatior and justice.The discussion structure of the paper contains 7 parts. Chapter 1 gives a(?) overall discussion concerning research back-ground, significance document review theme and main contents. Chapter 2 is about the analysis of crime committin boundaries of state-owned enterprises and their senior managers'crimes Chapter involves behavioral psychology and behavioral boundaries of the objects of study thus they appear in a critical place in the paper; Chapter4, 5 and 6 systematicall analyze the current control or prevention of crime committing by senior managers a state-owned enterprises respectively and criticize the problems in the three means (?) controlling or preventing senior managers' crimes in state-owned enterprises Chapter 7, based on the shortcomings of the current controlling means, all-roun strategies and suggestions are put forward and an overall summery is made of whol research done in this paper.