The Determination Of The Low-priced Crime Of Committing Corruption In State-Owned Enterprises

With the deepening of China's state-owned enterprise restructuring,post crime has been a high trend and it is extremely easy to use low-cost way of corruption in the process of restructuring the state-owned enterprises. However, there are still some problems about the low price discount behavior in the process of restructuring the state-owned enterprises and there are some identified difficulties in the judicial practice,which are necessary for further research.The first part mainly inspect the crime of the the low price discount behavior in the process of restructuring the state-owned enterprises. The specific behavior of the low-priced state-owned assets is that the perpetrator will convert the state-owned assets into the share transferee through the price far below the true price, and indirectly realize the possession of the state-owned assets through the illegal means of less capital contribution. In the reform of state-owned enterprises, there are many reasons such as imperfect control mechanism, imperfect power operation, lack of power,weak supervision and the legal consciousness of the majority of the perpetrators,which is characterized by high incidence, mass and high degree of concealment.The second part expounds the specific situation and qualitative dispute of the crime of corruption in the low cost of state-owned enterprises systematically . Specific types include underestimation of physical asset-based low-priced shares, according to the original value of the book discount low-priced shares, and intangible assets are not included in the national stock low-priced shares of these models. Academics and practitioners on the restructuring of state-owned enterprises in the process of low-cost discount should be set up favoritivism cheap crime, corruption crime or other dereliction of duty crime, there are different views, should be combined with the case to conduct a specific analysis, can not be generalized.The third part analyzes the count identification of state-owned enterprises in the process of restructuring the state-owned enterprises. The amount of corruption in the low-priced shares is determined by the fact that there is a full amount of claims that the proportion of the argument that the argument that the overall behavior of the behavior of the objective evaluation and more desirable. For the determination of the amount of common corruption, it is advisable to take the total amount of crime. If the preferential bid policy is openly targeted at an unspecified object, the amount of the crime of the low-priced convertible act should be determined at the preferential price.The fourth part mainly clarifies the "non-crime" and "other sin" of the low-priced shares in the reform of state-owned enterprises. In order to solve the problem of"non-crime" in low-priced discounts, it is necessary to clarify the boundary of general irregularities such as low-priced shares and the implementation of preferential policies.To distinguish between the loss of assets caused by operational errors in the process of restructuring The For the "other sin" in the low-priced discount, it should focus on the crime of low-priced shares of corruption and favoritism at low cost of state-owned assets, as well as state-owned companies, corporate personnel abuse of state power crime boundaries. The sale of low-priced shares should have the purpose of illegal possession, and in the establishment of favoritism cheap low-priced shares, the sale of state-owned assets crime and other crimes do not have the purpose of illegal possession.The fifth part analyzes the problem of accomplishment and attempted in the crime of corruption in the low cost of state - owned enterprises. At the same time, there is a debate about the theory of control, possession, acquisition and control of the four theories of control and control. Control the basic position is more reasonable,but need to pay attention to its use to avoid rigid machinery.The sixth part mainly analyzes the accomplice of the low price discounted corruption in the reform of state-owned enterprises. The common situation of low-cost discounted corrupt accomplices is that the perpetrators have the main body of the crime of embezzlement, as well as the identity of the main body with corruption and do not have the identity of the common implementation of low-cost shares of corruption in two cases. Many people to implement low-cost shares of corruption,knowing and not know who did not set up an accomplice. Beyond the common acts of corruption, nor is it a common crime. And the perpetrators have low-priced shares of state-owned assets, but there is no subjective contact, does not constitute a low-cost shares of corruption accomplice. Non-state staff and state staff conspiracy to reduce the state-owned assets of low-cost cases, can not be simply qualitative as corruption.For the fraudulent intermediary organizations can become low-cost shares of corruption of the accomplice, should distinguish between different situations for processing.