The Research On The Corruption Crime During The Reformation Of The State-invested Enterprise

The restructuring of state-invested enterprises have shown a trend change fromthe state-owned holding enterprises in the early to the state-owned shares of listedcompanies. The writer had to participate in research of job-related crimes togetherwith Procuratorate, and found that corruption crime, in the corporate restructuringprocess, was the particularity and complexity so that judicial practice is controversial.Meanwhile the correlation analysis demonstrated less. The article extensive collectedthe regulations, as well as criminal behavior to carry out a systematic study in thesubject and object of the crime of corruption combined with a variety of theoreticalperspectives of the criminal law scholars and judicial practice.On the one hand, the provisions are always abstraction and principle. During thecorporate restructuring process, the complexity and diversity lead to the difficulties ofjudicial practice. Therefore, we should clear the characteristics of crimes and clarifythe link between the subject of crime and criminal object in order to enhance theoperability of the criminal law. On the other hand, criminal means have brokenthrough the traditional criminal law theory. The perpetrator used his position ofstate-invested enterprise and restructuring opportunities, not only obtaining statemoney illegally, but also grab invisible wealth of nations, such as the state-ownedland use rights, equity, debt, and so on. These behaviors have more hidden and moredestructive, and represents the tendency of enterprise restructuring corruption crime. The current criminal law and judicial interpretation is not covered the all above, so itis essential to improve the relevant provisions.This article focused on corruption criminal judicial and legal problems indetermination of the restructuring process. First is to identify the subject of a crime.The section is based on the legislation, and clear restructuring of enterprises andidentity of the perpetrator. The flaws of capital, affiliated to the state-ownedenterprises, double identity, secondary the delegate and identity change and otherdifficult problems are discussed in the article as well. Second is to identify the objectof crime. Traditional criminal law summarizes the crime of corruption objects topublic property, but the behavior present new challenges to the traditional criminallaw theory. This article is confirmed that corruption crime should be including theunfair property interests like land use rights, corporate debt, and the state-ownedshares. In addition, the amount of preferential policies and the employee benefits havebeen discussed preliminarily.