The Study On The Crime Of Breaching Of Trust To Damage The Interests Of The Listed Corporation

The amendment VI to the criminal law promulgated in June 29, 2006 makes provisions of the crime of breaching of trust to damage the interests of the listed Corporation. Through the research, the article wants to provide a useful reference and helps to solve crimes vacant embarrassment.About the object of the crime, there are two views, simple object and complex object. The object of the crime is the nation’s management order of the listed Corporation and listed Corporation property right. The nation’s management order of the listed Corporation is the main object. The listed Corporation’s property right is the secondary object.About the objective aspect of the crime, there are two views about the nature of the controlling shareholder or actual controller of listed ordering Corporation executives to breach of trust. The "ordered" behavior should be made to the law. The natural meaning of abetting behavior is defined as the legal act. "Using the position to facilitate" mainly embodies the company executives carrying out business activities to enjoy the rights of solving corporation property. Combined with the "Securities Law" and the judicial interpretation of the relevant provisions of the crime, "particularly serious" standard should be set to 9 million RMB.About the subject of the crime, the controlling shareholder or actual controller of the listing Corporation should not bear the duty of loyalty. Whether the actual control constitutes the crime depends on specific behavior to company when two actual control have practical influence on the same company.About the subjective aspect of the crime, the subjective aspect of crime is direct intention, to profit or harm for the purpose.About judicial determination of the crime, the crime of attempted offense does not exist. We use the number of objects of crime as the key points of enactment concurrent crime. We use three elements of a specific connection as the key points of telling the difference between implicated offense and crime numbers.