The Crime And Governance Of Private Entrepreneurs

Since reform and opening-up, the thriving and prosperous economic development of China largely thanks to the rapid development of private economic. As the leader of China’s private economic development, private entrepreneurs make a great contribution. They not only lead the rapid rise of private economic development in the stage of China, but also build business empire which belongs to themselves. Even some excellent ones lead their enterprise successfully listing in and out of China, which make the enterprise become a respected public company. But it is regrettable that many of the entrepreneurs still pursue their interests as the greatest goal after their successful career. They forget the social responsibility that they should undertake, and make error choice that go against law, and then enter the path of crime. So, entrepreneurs crime become a prominent social phenomenon in the nearly ten years of China’s economic and social development. Because of the bigger economic and political status, the behavior of entrepreneurs undoubtedly suffer more careness than common people. Entrepreneurs crime not only affect the future and development of themselves and enterprises, but also affect our country’s overall economic health development and social harmony and stability. How to prevent and reduce the crime of private entrepreneurs is becoming an urgent problem to society and economy in our country.In recent years, although some scholars began to analyze the crime issue of private entrepreneurs in perspective of law、sociology and psychology, they seems to ignore unintentionally the nature of entrepreneurs----"economic man", and the fact that entrepreneurs crime is characterized by organized criminal behavior. Therefore, their research can’t give profound explanations to this issue thoroughly. This article hold that, firstly, regarded as economic man, entrepreneurs crime naturally is their rational choice under weak obligation of law, we should look into the issue in the perspective of economic man; Secondly, based on the fact that private entrepreneurs crime is organized criminal behavior, their crime is not just caused by entrepreneur personal ethical bankrupt, but also reflects defects of the current law which as the core of our corporate governance. Thus, we ought to regard entrepreneurs as economic man, and then research in the framework of corporate governance on how to curb and reduce the crime. Considering the convenience of data and case collection, private listed company entrepreneur is targeted as our research object. We will discuss the criminal behavior of this typical special group and reveal the general rule and ways to governance. Based on the realistic survey and theoretical thinking, The crime and governance of private entrepreneurs—on the data of listed private company is the topic of this article, and will in the perspective of economic man, under the framework of corporate governance, regard private listed company entrepreneurs as the research object and ways to deal with it. This article will focus on this topic from the following three aspects.The first part (chapter2) mainly discusses the present situation and process of private entrepreneurs crime after their success.This part further divide into three aspects:the first aspect discusses the characteristics and growth status of the private entrepreneurs; the second aspect discusses the present situation of private entrepreneurs crime; the final aspect illustrates the general process of private entrepreneurs from growth to sink by a case analysis.Thus causing three questions to explore:the frist one is private enterprise bosses often cannot be turned into a social responsible entrepreneurs after they get rich; the second one is a private enterprise after its successful listing, also cannot consciously realize the modern corporate governance structure; the last one is that the whole society has not formed a rational institutional environment.The second part (chapter3) from entrepreneur’s values, the internal mechanism of corporate governance, the external mechanism of corporate governance these three aspects to discuss the general mechanism of entrepreneurs crime. Firstly, from the lost of values perspective to discuss the mechanism of entrepreneurs crime; Secondly, from the internal mechanism of corporate governance’s deficiency perspective to discuss the mechanism of entrepreneurs crime; lastly, from the external mechanism of corporate governance’s unperfect perspective to discuss the mechanism of entrepreneurs crime. In conclusion, this paper argues that, the private listed company entrepreneurs crime is the three aspects combined action result.The third part (chapter4and chapter5) focus on some mechanism that restrains and reduces private listed company entrepreneurs crime and puts forward feasible measures. Based on the profits and cost problems in entrepreneurs crime, chapter4mainly analyses the mechanism through adopting game model. Chapter5proposes a systematic solution to regularize such entrepreneurs’behaviors from internal and external corporate governance mechanisms by summarizing the previous chapters.In one word, the paper believes private listed company entrepreneurs are not "saints", but a group of special persons with courage and insight, adventure spirit and innovative ability and strong awareness of market. Like other businessman, they are born with opportunistic tendency. Therefore, as our society under the rule of law improves increasingly, the whole society should treat entrepreneurs rationally instead of overestimating their self-government ability and attacking this innovative group. While encouraging innovative entrepreneurs to create more social wealth by various preferential policies, our society should enhance the development of corporate governance mechanism to regularize this group effectively and give full play to their adventure spirit.