Studies On Duty Crimes In Enterprises

The traditional view held by Chinese scholars equates duty with public affairs or public affairs of the state and considers duty as the particular identity of those who serve the public office. Actually this view is inappropriate, because duty should include not only public affairs or public affairs of the state but also lots of non-public duties. In addition to public social organizations, there exits in society some non-public legitimate organizations, which provides the possibility of the appearance of duties in non-state or social collective affairs. From the point view of the criminal law of our country, it additionally stipulates duty crimes of non-public nature, which includes duty crimes committed by non-public service people, apart from lots of pre-stipulated duty crimes of public nature.This thesis, after providing a definition of duty crimes in enterprises, summarizes their features, gives a detailed analysis of what constitute those crimes in enterprises, namely the subject, object, subjective aspect and objective aspect, etc, and then classifies these crimes according to the criteria of the characteristics of specific criminal acts. The aim of this thesis is to discuss both the conviction of joint duty crimes in enterprises and the differentiation of the criminal responsibilities in this kind of crimes, thus pondering over the cause and prevention strategies of the duty crimes in enterprises.