Governance Research Of Private Entrepreneurs Crime

The private enterprise is an important part of non-public economy in China. It is also the most active and important participant in China's socialist market economy. Private entrepreneurs contribute a lot to the rapid development of non-public economy since the reform and opening. However, in recent years, there is an increasing phenomenon that private entrepreneurs attend crime becomes more and more serious, which seriously impacts the development of themselves and their companies. At the same time, this issue doesn't coincide with the state's strategic layout of encouraging, supporting and guiding the steady development of non-public economy such as private enterprises. Currently China vigorously promotes such strategy as “rule by law” and “mass entrepreneurship and innovation”. Under this situation, this issue has become a critical point concerning whether or not we can build China's socialist market economy to a rule-of-law economy.From the perspective of rule of law, this article reveals the current situation,characteristics, rules and the deep inducing factors of private entrepreneurs' crime. It also makes a deep analysis of the social harm resulting from such crimes, hoping that all market participants including private entrepreneurs and the public can form a clear understanding for China's socialist market economy from the perspective of the rule of law. Moreover, solutions should be worked out at the level of individual, business administration, institution environment, laws and regulations. A prevention and control system to prevent private entrepreneurs' crime should be built. As a result, this severe social issue can be solved. In addition, these measures will help to achieve the healthy and steady development of private enterprises, to smooth promotion of the reform of market economy as well as the strategic conception of a law-based governance.The whole passage is up to 18 thousand words, which is divided into three parts including ten chapters. The first part is mainly about the theory and the analyzation of private entrepreneurs' crime. The second part is analysis of typical examples. The third part analyzes the prevention and control management of the issue. More details are as followings:Chapter One: Theoretical review of private entrepreneurs' crime. Private enterprises including companies whose stocks are owned partly but not controlled by the country,companies whose stocks are not owned by country at all, collective enterprises(private),Foreign-owned enterprises and mixed ownership enterprise. Private entrepreneurs' crime refers to the chairman, directors, managers, the real controllers of the enterprises, Board Secretary, CFO and other enterprise administrators' crime in market economic activity. This crime is a new kind which appeared as the development of the private entrepreneurs with the reform and opening. In western countries, private entrepreneurs' crime is called white-collar crime.Chapter Two: The integral investigation of the current situation of private entrepreneurs' crime. From the static perspective, there had been 1459 entrepreneurs' crime reported by the media since 2009 to 2014. The entrepreneurs involved totaled to 1539. Among these crimes,private entrepreneurs' crime was 855 which accounted for 58.6% and private entrepreneurs involved were 988 accounting for 64.2%. From the dynamic perspective, these data are all increasing. From the perspective of manifestation, financing crime, bribery, fraudulent crime,corruption and peculation and violent crime are rather serious.Chapter Three: The main characteristics of private entrepreneurs' crime. It has the characteristics of objective character, impersonal character, main body character and subjective character. For objective character, this crime includes complexity, economics and diversity. For main body character, the ages of the private entrepreneurs involved are relatively dispersed. There are more male but the number of females are increasing. At the same time, most of the private entrepreneurs involved possess multiple statuses. For impersonal character, this crime includes diversity, perniciousness and elusive. For subjective character, it includes intentionally subjectivity, economics and trend towards the profit.Chapter Four: The analysis of private entrepreneurs' financing crime. Private entrepreneurs are likely to commit such a crime, especially crimes of corruption and peculation and collecting money. Such kind of crime had added up to 204 since 2009 to 2014,accounting for 26.49% in 770 cases of crimes. What's worse, this has an increasing trend year by year. The difficulty of loading money from bank and the risk of financing contribute to this situation.Chapter Five: The analysis of private entrepreneurs' management crime. It's another crime which private entrepreneurs are likely to commit, especially crimes of counterfeit,illegal managing and crimes by black societies. This crime had increased up to 334 since 2009 to 2014, accounting for 44.67% in 770 cases of crimes. It has an increasing trend, too. Thereasons are as follows: mass management, the incorrect lead of snobbish and the risk-taking mentality.Chapter Six: The analysis of private entrepreneurs' corruption crime, especially bribery and corruption and peculation. This crime had up to 166, accounting for 21.56% with an increasing trend. The reasons are as follows: their internal management is not standard,collusion between the chain is not cut off and the external regulation does not reach the designed position.Chapter Seven: Prevention and control measures at the individual level of private entrepreneurs' crime. Prevention and control of private entrepreneurs' crime has political,economic and social foundations, private entrepreneurs construct multidimensional crime prevention and control system, it is the key to crime prevention and control of private entrepreneurs. Prevention and control of crime from the individual level of private entrepreneurs, private entrepreneurs need to enhance the study of law abiding power,strengthening the ability to identify risk and to enhance the rule of law in terms of thinking ability of private entrepreneurs to improve crime prevention and control capabilities. At the same time, they need to improve the internal management system, establish internal early warning mechanisms and implementation of internal accountability mechanisms regulating market economic behavior of private entrepreneurs.Chapter Eight: Prevention and control measures at enterprise management level. An important factor is whether the norms of enterprise management influence private entrepreneurs' crime. Therefore, from the enterprise management level of private entrepreneurs' crime prevention is imperative. Specifically, from the enterprise management level of crime prevention and control of private entrepreneurs, by clear property rights of private enterprises, accelerate the establishment of a sound system and occupation brokers of private enterprise financial management system to upgrade the level of modernization of private enterprises. At the same time, it aims to reduce illegal conduct of operations, build a scientific decision-making mechanism and develop a clear incentive mechanism to improve standardized operation mechanism of private enterprises.Chapter Night: Prevention and control measures in environmental aspects of institutional private entrepreneurs' crime. As private enterprises in an organism in market economic activities, its operating system is inseparable from the country's environment. Similarly, crime prevention and control of private entrepreneurs are deployed from the system environment.Specifically, from expanding financing channels, reduce institutional constraints and strengthen policy support the smooth development of private enterprises to release positive,refactoring the relationship between the market and government, changes in “the light of public private” thinking and cutting “collusion” chain regard to equal treatment of private enterprises in the market. From the removal of discriminatory government subsidies to reduce the redundancy of administrative examination and approval, controlled release of government pricing and related conditions adjusted to reduce differences in respect of market access of private enterprises into the barriers.Chapter Ten: Prevention and control measures at the level of laws and regulations of private entrepreneurs' crime. Laws and regulations is an important means of crime prevention and control of private entrepreneurs, it is inevitable requirement of the rule of law.Specifically, from the legal level of crime prevention and control of private entrepreneurs, the need to establish dissuasive criminal policy, deterrence, protection, and thus bound by the criminal law on private enterprises and private entrepreneurs market excessive intervention in economic activities and legislation, judicial return of private entrepreneurs criminal law enforcement intervention on Modesty position. In addition, the need to establish the principle of equal protection, the system of crime and punishment system construction and the development of uniform standards to improve the prosecution of private entrepreneurs' crime and criminal law intervention settings.