On The Breach Of Trust To Harm The Interests Of Listed Companies Offense

Regulations for violations of company law duty of loyalty with the conduct of serious social harm, more precisely, regulations are"emptied"the conduct of listed companies. June 29, 2006 Tenth National People's Congress Standing Committee meeting of 22 of the"people's"Republic of China Criminal Law Amendment (f)"section 9 of the breach of the breach of trust damages the interests of listed companies in the conduct of the crime of conviction. This prevention and punishment of the crime, but also to make up for this crime as a complex object, the main object of the company, order management, minor shareholders and creditors object to the legitimate rights and interests; performance objective for the implementation of acts of bad faith acts of people; this crime can also be constituted by a natural person from constitute units; subjective deliberately limited. Judicial practice of this crime and the"misappropriation duties"and"the crime of misappropriation of funds"close contact, should pay attention to this crime with the two boundaries of the crime problem.