国有控股公司职务犯罪防控研究

发布时间：2018-07-07 11:13

本文选题：国有控股公司 + 职务犯罪　；参考：《西南财经大学》2010年硕士论文

【摘要】：随着我国经济体制改革的逐步深入,国有控股公司经营管理人员职务犯罪有愈演愈烈之势,而且随着公司股东结构和市场环境的变化,犯罪手段也有了新的发展变化,导致大量国有资产流失、企业竞争力下降,严重影响了国有控股公司在国民经济中的主体地位和国有资产的保值增值。本文针对当前国有控股公司经营管理中存在的问题,以部分国有控股公司相对集中的资源型城市为例,从国有控股公司职务犯罪的形成机理入手,认真分析导致犯罪的原因,深入研究当前国有控股公司职务犯罪的发展趋势及存在的问题,积极探索预防和控制国有控股公司职务犯罪的方法和路径,以期为防止国有资产流失、降低公司管理成本、打造高素质国有控股公司管理队伍、树立国有控股公司良好的市场形象,促进国有控股公司健康快速发展提供有益借鉴和帮助。本文的主要创新：①对国有控股公司的概念进行了初步界定。针对国企改制后各类主体相互交织,司法实务中对国有控股公司经营管理人员职称犯罪后的身份认定和法律适用做法不一,直接影响到国有控股公司职称犯罪的惩治和预防的现状,抛出了绝对控股论和相对控股论,结合具体案件所利用的具体职务加以区别对待,而不是机械地照搬以往的“任命文件论”和“笼统的股份制公司非国有论”。②立足实证研究。以部分国有控股公司较为集中的资源型城市为例,以近七年来发生在国有控股公司的职务犯罪案件为分析对象和基础,改变了以往学者更多地注重理论分析或个案件分析的现状,以期增强论文的说服力和可借鉴性。③对国有控股公司职称犯罪的特点、原因、现状及存在的问题进行了系统梳理和深入分析,打破了以往对职务犯罪防控的分析和研究主要停留在政府官员和社会面上的现状,使得论文的针对性更强。④在国有控股公司职务犯罪的防控路径方面,从国有控股公司的财务监督、审计监督、内部约束激励机制、政府主管部门监督等方面提出了综合治理的方向和措施,以增强本文对国有控股公司职务犯罪的防范和治理的参考价值,具有更强的实用性和可借鉴性。本文的主要不足：由于时间仓促,加之各地对待职务犯罪案件非常谨慎,使得对相关数据的收集难度增大,对本人工作以外的其他城市查办的国有控股公司职务犯罪案例采用不多,这在一定程度上影响了部分数据的证明力和部分观点的说服力。
[Abstract]:With the gradual deepening of the economic system reform in our country, the crimes committed by the managerial personnel of state-owned holding companies have become more and more serious, and with the changes in the structure of the shareholders of the companies and the market environment, the means of committing crimes have also undergone new developments and changes. It leads to the loss of a large number of state-owned assets and the decline of the competitiveness of enterprises, which seriously affects the dominant position of state-owned holding companies in the national economy and the maintenance and appreciation of state-owned assets. Aiming at the problems existing in the operation and management of state-owned holding companies, this paper takes the resource-based cities where some state-owned holding companies are relatively concentrated as an example, starts with the formation mechanism of the official crimes of state-owned holding companies, and analyzes the causes of the crimes. In order to prevent the loss of state-owned assets and reduce the cost of corporate management, the paper deeply studies the development trend and existing problems of the present state-owned holding company's duty crime, and actively explores the methods and paths of preventing and controlling the state-owned holding company's duty crime, in order to prevent the loss of state-owned assets and reduce the management cost of the company. To build a high quality management team of state-owned holding companies, to establish a good market image of state-owned holding companies, to promote the healthy and rapid development of state-owned holding companies to provide useful reference and help. The main innovation of this paper is to define the concept of state-owned holding company. In view of the interweaving of all kinds of subjects after the reform of the state-owned enterprises, the identification and application of the law to the state-owned holding companies' management personnel after the title crime in judicial practice are different. It has a direct impact on the current situation of punishment and prevention of the crime of professional title in state-owned holding companies, and puts forward the absolute holding theory and the relative holding theory, which are treated differently in combination with the specific positions used in specific cases. Instead of mechanically copying the previous "appointment document theory" and "general joint-stock company non-state-owned theory" .2 based on empirical research. Taking the resource-based cities where some state-owned holding companies are relatively concentrated as an example, taking the cases of job-related crimes that have occurred in state-owned holding companies in the past seven years as the analysis objects and bases, It has changed the current situation of scholars paying more attention to theoretical analysis or case analysis in order to enhance the persuasiveness of the thesis and the characteristics and reasons of the crime of professional title of state-owned holding company. The present situation and the existing problems are systematically combed and deeply analyzed, which breaks the previous analysis and research on the prevention and control of job-related crimes, which mainly rests on the government officials and the society. In the aspect of preventing and controlling the duty crime of the state-owned holding company, from the financial supervision, the audit supervision, the internal restraint incentive mechanism of the state-owned holding company, In order to strengthen the reference value of the prevention and management of the duty crime of the state-owned holding company, the author puts forward the direction and measures of comprehensive management in the supervision of the government department in charge, which has stronger practicability and can be used for reference. The main deficiency of this paper is: due to the short time and the cautious treatment of job-related crime cases, it is more difficult to collect the relevant data. There are few cases of official crime in state-owned holding companies in other cities other than my work, which to some extent affect the power of proving some data and the persuasiveness of some viewpoints.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D917

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