The Senior Management Of Listed Companies Against Company Interests Of Crime And Criminal Law Control

Under the developing process of socialistic market economy, the system of modern enterprise law is the most important one of business law systems. the complexity of the organizational structure and operational mechanism of the modern listed companies decides that they can not directly controlled and operated by their owners - shareholders, but General Manager authorized by the Board of Trustees of the General Assembly elected by the shareholders. This will inevitably separates shareholders from the process of corporate production. The core of the separation of ownership and control of the enterprise itself is that senior managements have independent right to operate enterprise assets. Under the commission relations of the enterprise operational mechanism, because agents' interests are different, in the pursuit of their own goals, they might undermine the interests of clients. Specific to the company's concerned, senior management is likely to do so-called moral hazard, the reverse choice, even criminal acts. Practically, since the establishment of modern company, the crime of the senior managers of listed companies against the interests of the company has been produced and posed a huge threat for the smooth development of the modern corporate system.The crime of senior managers of listed companies against the interests of the company is not only easy to damage the interests of investors, but also seriously undermine the economic exchanges and moral foundation of mutual trust of economic groups, and also induce the adverse and devastating chain reaction of other enterprises. Therefore, to combat and prevent the crime, it is not only necessary to use severely administrative and economic sanctions, but also to make full use of criminal sanctions.The text is divided into five parts. The first part is focused on the concept of the crime of the senior managers of listed companies against the interests of the company. The second part is to analyze the causes of the crime. It is the most distinctive part of this chapter. It detailly exposes the causes and formation mechanism for the crime. Part III focuses on the control and prevention of the crime... Part IV is the types of the crime. Part V is focused on china criminal law's flaw in the prevention and control of the crime. Part VI is to perfect China's criminal law. The final part is the conclusions.