Research On The Duty Crime Problem In The State-owned Enterprises

Duty crime in state-owned enterprise is a special type in China. As is the mainmanifestations of state-owned enterprise corruption, it’s much more harmful thanother types of duty crime to the society. As modern corporation governance structurehas not yet been fully established in state-owned enterprises, it is weak to prevent theduty crime committed by those executives. Meanwhile, as the state-owned enterprisegrows, it has gradually become the hardest hit by duty crimes. Few executives instate-owned enterprises committed duty crime, in use of the system vulnerabilities.Based on an authoritative survey of "2011Chinese entrepreneurs Crime Report", in itsconcern to199criminal cases of state-owned enterprises during2011, the top threecrime are bribery, corruption and misappropriation of public funds, which are alltypical among duty crimes. The average amount involved in these cases is over30million Yuan. Thus, it is essential to prevent the loss of state assets, and strengthen theprevention system of executive duty crime in state-owned enterprises. This paperreveals the current status of duty crimes in the state-owned enterprise executives, andgives a summary on the effective measures for prevention of such crimes, hoping tobe able to provide some theoretical basis for the prevention of the duty crimescommitted.This paper discuss the crimes of executives in state-owned enterprises, based on such the basic “phenomenon-causes–prevention” criminological research clues. Inaddition to the introduction and conclusion, this paper is divided into three chapters.Chapter1mainly discusses the current status of duty crimes in stated-ownedenterprises. As the paper has a strong limit on the research object, in order toaccurately grasp the essence of the phenomenon of this crime, we must first explorethe characteristics of the position of executives in state-owned enterprises, andunderstand the special duty characteristic of state-owned enterprise executives asatypical sense of national staff. All these points above make the start point of the basicconcept, specific forms and realistic features of senior positions of state-ownedenterprises.Chapter2mainly discusses the cause of such duty crime. The cause of crime is ageneral and complex system. The occurrence of crime is not affected by only onefactor, but their combined effect. In this chapter, the author analyzes the reasons forthe executive duty crime in state-owned enterprise, from the subjective and objectiveperspectives. The objective perspective includes imbalance of corporate governance,imperfect segregation of the government and management system, ineffectiveregulations and weak internal control. The subjective perspective includespsychological imbalance and blind comparisons.Chapter3mainly discusses the prevention of such duty crime. The systemshould be a multi-level one, in order to control such crime in state-control enterprise.The system should focus on the specific reason of duty crime, and integrate thecapacity of the individual, enterprise and the whole society, in order to prevent suchissue and reduce the opportunities to commit such a duty crime.