Research On The Crime Of Duty In Senior Executives Of State-owned Enterprises

The criminal law academia and judicial practice field in our country tend to pay more attention to general duty crime among national staff,whereas less attention to that of senior managements of state-owned enterprises.As a consequence,there is still no differentiate analysis on the particular issues of the duty crime among the senior managements of state-owned enterprises and that of non-state enterprises yet,impacting the prevention and punishment on the different types duty crimes.It is even becoming a weak spot so that the duty crime among senior managements of state-owned enterprises a high risk area.For this reason,it is a theoretical and practical subject to make a research on the legal issues of the duty crime among senior managements of state-owned enterprises.This paper is divided into four chapters.Chapter 1 introduces the concept and characters of the duty crime among state-owned enterprise senior managements,and expands the usual meanings of “senior managements” in state-owned enterprises.Chapter 2 enumerates the reasons of duty crime among the state-owned enterprise senior managements and makes analysis from system level,management level,internal control system level,social environment aspects and imperfect legislation which created chances to evade the law.Chapter 3 proposes three measures to prevent state-owned enterprise senior managements from duty crime,including(i)building up a solid multiple level supervision mechanism;(ii)pushing the legislation on preventing duty crime on the basis of drawing experience from Euro-American countries;and(iii)establishing a reasonable allocation and incentive system and strengthening law publicity and education on the prevention of duty crime.Chapter 4 is the core part of this paper,which also describes the author's intention.In this chapter,on the basis of former three chapters,three legal issues in terms of the particularity of state-owned enterprise senior managements are discussed.It deems it necessary to(i)conduct risk assessment and use criminal means with caution to reduce its “Collateral Damage” to the state-owned enterprises as far as possible;(ii)carry out the criminal policy of combining punishment with leniency dialectical;and(iii)fully embody modesty principle when dealing with the state-owned enterprise senior managements duty crime cases.