On Crime Of Illegal Dealing In Similar Business

Crime of illegal dealing in similar business (CIDSB), a new-style economic crime stipulated in Criminal Law issued in 1997, refers to seriously harmful behaviors to management orders and economic interests of companies and enterprises by those advanced managers breaking the rule of competition prohibited in the same business. With the fact that economic crime is always followed by economic law-breaking, there must be some differences between the explanation way of economic criminal law and that of traditional criminal law. That is, the application of the traditional ways of explanation criminal law should be accompanied with an accurate understanding of concerned economic provisions as well as economic lives.In the beginning, legislation background of CIDSB is described, following which rationality of this crime is analyzed also.In the next place, on the basis of a thorough discussion on the constitutive characters of CIDSB, this paper confirms its complicated object which is management orders and economic interests (advance interests mainly) of companies or enterprises, and analyzes in detail sacred responsibilities of competition prohibited in the same business by the subjects of this crime. At the meantime, some relevant concepts are also narrated.Again, this paper, with a view to the arguments in theories and the dilemma in practice, discusses the problem on determination of CIDSB and points out that independent directors should be included in the subjects of this crime.Finally, in line with the constitutional amendment in 2004, this paper imposes emphases once again on the equal protection both of public-owned and non public-owned market subjects, in which the object and the target of CIDSB should be also included.