The Analysis Of Criminal Law On Company Executives Lending Funds

For the high-level management of the company's illegal lending behavior,there is a cross-qualitative definition of criminal and procedural processing model,The criminal cases of such criminals are characterized by qualitative difficulty,wide coverage,large conflicts of interests and contradiction.It wanders in the border of the people,the treatment of carelessness may infringe the rights of citizens,and damage the justice of justice;if the criminal injustice wrong case,the degree of social harm is often strong in the ordinary procedural criminal cross case.In view of this,this article combined with a typical difficult case,in-depth study of the company's senior management personnel illegal lending behavior of criminal law regulatory problems.Article to remove the introduction and conclusion part,divided into three parts,a total of about 20,000 words.The introduction of the article part of the company's senior management of the illegal lending behavior of the reasons for the emergence of the general causes and social instability caused by the problem.On the basis of this,the article briefly describes the "chaos" defined by the domestic criminal law circles for the legal nature of such acts,and points out that it is imperative to carry out the normative analysis of criminal law on the behavior of overseas executives.In the first part of the article,the author analyzes the background and the deep reason of the behavior of the senior management personnel in violation of the borrowing and lending.The background of this kind of problem is mainly the difficult development of the real economy,corporate financing is more difficult;its deep causes are mainly closed and conservative financial markets,financing difficulties of small and medium enterprises and inter-firm lending system is more rigid these three reasons.Analyzes the effectiveness of the inter-bank lending behavior,and points out that the criminal law norms in the face of such cases of regulatory plight.The second part of the article points out that the criminal law takes the moral punishment as the basic position,and the civil law to the utilitarian compensation as the main way of regulation and control;the principle of criminal law as a basic guide,combined with the crime of misappropriation of capital crimes,combing the company law and civil law related principles,Lee's behavior does not constitute the crime of misappropriation of funds.Criminal cases of cross-case refers to the same legal facts or the existence of a certain relationship between the different legal facts have caused criminal and civil(litigation)legal relationship arising from the special case.It is necessary to meet the basic moral ethics as the prerequisite for the boundary of the criminal and the common law,common sense and common sense.In the third part of the article,the author puts forward some suggestions on the criminal law regulation of the senior management personnel 's illegal lending.Mainly to adhere to the principle of criminal law,to create a fair and reasonable financial market order,a reasonable guide the company's top management personnel in accordance with the law,adhere to the principle of combining rational law to combat the company's senior management personnel illegal lending behavior,improve the crime of misappropriation of crime set and properly handle Criminals cross case these six suggestions.For the "same legal fact of the type of competition," the cross-criminal cases,should be "first sentence after the people" as the principle of dealing with the "parallel" or "ancestors" principle as an exception.For the "different legal facts implicated" criminal cases of cross-border cases,should adopt the "parallel" as the principle of treatment,while allowing the use of "first sentence after the people" or "ancestors" principle as an exception.