Study On Breach Of Trust To Damage Listed Company’s Benefits

In the traditional theory rights, there are two viewpoints about the nature of theCrime of Breach Trust,abuse said and breach of trust said, but they have someproblems. In a subsequent study, the scholars have proposed other theories, but theyare based on the former two theories, and inheritance and change them, which said tothe perfidy of the abuse of privileges and limited to the breach of trust that the mostrepresentative, and taking to the limit of t the perfidy theories is easier to understandthe nature of the breach of trust. The basic structure of Crime of Breach Trust: thepeople who Handle affairs for others——-the implementation of acts contrary to thetask——the purpose of profit or harm——causing property damage.The crime of perfidy damage interests of listed companies is a special perfidycrime, it violated a complex object, the main object is the interests of listed companies,the secondary object is the order of the management of the listed companies. Theobjective aspect: the perpetrator has violated the duty of loyalty to the company, andhe take the advantage of his office, implement the behavior of the damage to theinterests of listed companies. The main body is a listed company directors,supervisorsand other senior management personnel, as well as the company’s controllingshareholder and actual controller. The subjective aspect intentional, including a directintentional and indirect deliberately.The difference is that the objective aspect of this crime Crime of OfficialEmbezzlement; subjective aspect of the distinction lies with the crime ofmisappropriation of funds; practicing favoritism cheap and converted into shares, thesale of state-owned assets sins boundaries is the subject of two crimes.The crime of perfidy damage interests of listed companies establishment scope isnarrow, the result of this crime should be committed into Dangerous Criminals,frontof the criminal law on the protection of the legal interests.In addition,the mainprovisions of this crime is not perfect,because of this crime is pure guilty of identity, But in the criminal law stipulate the subject of the crime in the way of enumerating,so in practice it needs to compensate for this deficiency through substantiveexplanation.In this crime, there is the problem of not equal protection to companies,this crime should be modified the crime of perfidy damage the interests of thecompanies to improve this deficiency.