On The Breach Of Trust To Harm The Interests Of Listed Companies In The Crime

With the developing of socialistic market economy,listed companies are asked to be established according to the Modern Enterprise System.The complexity of the operational mechanism of the modern listed companies decides that they can not directly controlled,managed and operated by their shareholders,but General Manager authorized by the Board of Trustees of the General Assembly elected by the shareholders.The operating mode that separates ownership from the control of the enterprise itself made the senior managements have independent right to operate enterprise assets.Under the commission relations,the senior management of listed companies is likely to do some acts damaged listed companies out of trust,even criminal acts,for many reasons. In recent years,the phenomenon that the major stockholders occupy listed companies'fund took place one after another incessantly, and had the increasingly fierce tendency.To combat and prevent the phenomenon,it is necessary to use severely administrative and economic sanctions.At the same time,using the criminal sanctions is Imperative.AmendmentⅥto the Criminal Law of the People's Republic of China adopted at the 22nd meeting of the Standing Committee of the Tenth National People's Congress on June 29,2006. Article 9 inserted after Article 169 of the Criminal Law as Article 169 (I) designates Breach of Trust to Damage Listed Company's Benefits.Because time is not long since its issuance and there are almost no cases,how to understand and apply to this criminal is still to be studied.Therefore,this paper particularly researches relative issues regarding this Article so that relative cases can be accurately dealt with in justice practices.This paper consists of four parts.Part I mostly introduces Breach of Trust to Damage Listed Company's Benefits'legislation background,legislation evolution and the reasonable of definiting this criminal name.This is preparing for the following discussion.Part II emphasizes on how to understand the criminal components of Breach of Trust to Damage Listed Company's Benefits,especially on the behaviors.This provides the legal basis on whether this crime established or not.Part III mostly expounds on the questions we should attend to when we apply this article to judicial practice.First of all,this paper expounds on how to distinguish crime and non-crime,this crime and other relevant crimes.Then discusses on this crime's modality,complicity and whether suitable to trace back to the things before.Finally,takes an overall discussion on how to be suitable this legal rule through an representative case's analysis.Part IV provides some advices about how to perfecting this article and the future tendency,by analyzing the law regulations about Breach of Trust in the world and the real situation of our country.