Research On The Subject Of Economic Crime

In recent years, the domestic economic crimes using the identity of the State-Owned Company sustained has high, and it has became the emphases which the law enforcement agency and and judicial official pay close attention to. State-Owned Company accounted for a large proportion in China’s economic organizations. They are often very large economic entities. The ownership structure and the organization form are complex. In the criminal law, learning to distinguish the subject of the duty based economic crime is state-owned company staff or enterprise staff has important significance to the distinguish between crime and non crime, or this crime and that crime. But at present, there are many problems in the identification of the staff of State-Owned Company and enterprises in the criminal law of our country. In order to deal with the new situation and new problems in the legal practice, defining the identification of relevant subjects is very important.This paper attempts to clarify the concept, characteristics and development trends of the post economic crime, and solve the problems related to the identification of subject. Through the post economic crime situation and typical cases, this paper tries to analyse the problems faced by the subject of post economic crimes. The existing research of Chinese scholars and the problems in practice shows that in order to combat the post economic crime effectively, protect the state-owned assets and maintain a good market economic order, it is urgent to take measures to clarify the identification of the main body of the post economic crime. In view of these problems,this paper tries to solve these problems from the legislative, judicial and law enforcement and regulatory aspects to solve these problems, so as to promote the healthy and orderly development of China’s socialist market economy.This text is divided into four parts. The first, it is about a brief introduction of the post economic crimes. The post economic crime concept, characteristics and situation are also introduced and expounded. The second, it tries to explore the difficultidentification between the staff of state-owned enterprise and the staff of enterprise, at the same time, it introduces China’s current legal system about subject identification of the post economic crime. The third, it takes taking the current judicial practice as an example, it analyses the various problems and difficulties encountered in the identification of the "State-owned company and Enterprise personnel" in the post economic crime. The last, it puts putting forward the suggestions and measures about the identification of the state-owned company and the enterprise personnel in the post economic crime from the national law and the company system level.