Research On State-owned Enterprise Personnel Occupational Crime

The state-owned enterprises occupy an important position in China’s economicagents and also the state assets has vital effects and influences on our country’sdevelopment of economy and stability of politics. Nevertheless, the endlesslyemerged occupational crimes of state-owned enterprises’ staff not only result in severedrain of state assets and unhealthy development of state-owned enterprises, but alsohave an undesirable influence on citizen’s trust on our party’s governing capacity andthe harmony of our society in recent years. Therefore, the study on the problem ofoccupation crimes of state-owned enterprises’ staff is extremely necessary and urgent.The existence of the factors that state-owned enterprises have variedmanagement styles, organizational forms, complex staff composition and they haverelations to all kinds of business some of which have strict demands on specialty,brings lots of difficulties to the study of the common problems of occupational crimesof state-owned enterprises’ staff. In the process of writing this paper, the authormainly refers to the cases in Countermeasures Against Occupational Crimes inState-Owned Enterprises written by Zhongyu Li, Honghuan Li and Bing Wang; andalso combines the cases in Prevention of Occupational Crimes of State-OwnedEnterprises’ Administrators written by institute of law of Shanghai Academy of SocialSciences, Corruption Cases Analyses of State-Owned enterprises Leaders written byits compile group, to analyze and study.The author has a concrete, integrated, thorough and rational analysis ofoccupational crimes of state-owned enterprises’ staff in three aspects that are basictheoretical categories, the necessity of study and the prevention and punishment measures through reading, thinking and referring to the books mentioned above. Inthe part of basic theoretical categories, the author mainly differentiates and analyzesthe legal concepts of State-Owned Enterprises, Occupational Crimes and so on, and atthe meantime, classifies occupational crimes of state-owned enterprises’ staff. Inchapter Three, the author elaborates this study’s necessity from three points of viewnamely the differences and relations between occupational crimes in state-ownedenterprises and general occupational crimes, the current situation of occupationalcrimes of state-owned enterprises’ staff and its practical detriment. Facts prove thatthe enterprises have been the mostly occurred place of occupational crimes along withits expansion of scale, amount and autonomy. Nationally, occupational crimes instate-owned enterprises take50%of all the occupational crimes investigated byprosecutors. Moreover, this type of crimes seem to be in the trend of “four increase”that are the increase of the amount of crimes, the increase of crimes committed by topleaders of the enterprises, the increase of crimes of which the amounts surpass onemillion and the increase of property loss caused by it. In chapter three, the authorgives suggestions on prevention and punishment work of occupational crimes ofstate-owned enterprises’ staff in three aspects, that are the legislation thoughts ofpunishment of occupational crimes of state-owned enterprises’ staff, the legislationthoughts of prevention of occupational crimes of state-owned enterprises’ staff andrelated institutional construction. The author puts forward that the object ofembezzlement can’t be restricted to public assets, and it should be expanded tounlawful profits; the stipulation on the subjective of embezzlement crime should becompleted and the investigation of criminal responsibility of corruptions should beintensified in order to reinforce the strength and correctness of occupational crimes ofstate-owned enterprises’ staff. From the angle of prevention, the author also proposeslegislation of specific law of it and thinks that in the procedure of legislation,prosecutors’ special right to prevent should be defined and citizen’s right to reportshould be guaranteed. As for institutional construction, the author thinks that propertydeclaration system is the essential precondition of the implementation of supervisionin occupational crimes of state-owned enterprises’ staff; accounting supervisionsystem is the significant guarantee of the implementation of supervision instate-owned enterprises’ staff, and reporting system is the effective means of theimplementation of supervision in state-owned enterprises’ staff. The author also givesthoughts to and makes suggestions on specific institutional construction.