国有企业犯罪刑事责任问题研究

发布时间：2018-09-18 09:58

【摘要】：我国市场经济主体主要包括国有企业和非国有企业两种,国有企业又分为国家全部出资和国家主要出资两类情况,也就是说,国有资产是国有企业的主体构成部分,鉴于国有资产在经济发展和政治稳定中的作用,国有企业在经济发展中占据相当紧要的地位。然而,近年来频频出现国企犯罪行为,在造成国有资产流失的同时,严重阻碍了国有企业的健康发展,影响了党的执政形象,破坏了社会主义市场经济的正常秩序,甚至威胁社会的稳定。现有的研究均围绕国有企业工作人员职务犯罪和单位犯罪刑事责任展开,缺少对危害性较大的致使国企承担刑事责任的国企犯罪问题的探索,因此,针对国企犯罪刑事责任问题的研究势在必行,其必要性和紧迫性不容忽视。然而探索过程中面临的种种困难,延缓了研究的进程。关键在于国有企业本身的特殊性质,导致其从组织形式到管理方式都不同于非国有企业,且业务涉及的领域广泛,一部分专业性要求特别高,工作人员的组成比较复杂等一系列因素的存在,增加了本课题研究的难度。本文从国企犯罪刑事责任研究的必要性出发,对其基本理论范畴和既存瑕疵进行具体分析,并提出相应的预防和惩治措施。在准确归纳出国企犯罪行为类别的基础上,就国企承担刑责中存在争议的问题,表明了自己的观点,并就如何完善国企的处罚体系和制度提出了自己的建议。首先阐述了本文研究对象的基本情况,从国企犯罪的基本理论和判定入手,提炼出国企犯罪的恰当含义,分析了犯罪行为产生的主客观原因,同时也归纳总结本章的论述对象,对犯罪行为和承担刑责做了具体分类;其次是国企承担刑责的现状分析,先分析了国企承担刑责的理论基础,即肯定论和否定论,从法律和理论两个层面进行评析,得出肯定论符合我国刑法的罪责刑相适应基本原则的结论,而后详细论述了国企承担刑责的处罚原则和处罚方式;第三是国企承担刑事责任立法与实践中存在问题的研究;最后是完善我国国企刑事责任规定之构想。针对前述国企承担刑责的处罚体系存在的问题和不足,提出了修改和完善的意见和建议。主要从三个方面入手,完善国企承担刑事责任的刑罚种类、健全国企承担刑事责任的量刑制度和强化国企犯罪预防机制,惩罚犯罪与预防犯罪双管齐下。
[Abstract]:The main body of the market economy in our country mainly includes state-owned enterprises and non-state-owned enterprises. The state-owned enterprises are divided into two categories: the state's total capital contribution and the state's main capital contribution. That is to say, the state-owned assets are the main components of the state-owned enterprises. In view of the role of state-owned assets in economic development and political stability, state-owned enterprises play an important role in economic development. However, in recent years, the frequent criminal behavior of state-owned enterprises has caused the loss of state-owned assets, seriously hindered the healthy development of state-owned enterprises, affected the ruling image of the Party, and destroyed the normal order of the socialist market economy. It even threatens the stability of society. The existing research focuses on the criminal liability of the state-owned enterprise staff members for duty crime and unit crime, and lacks the exploration of the problem of state-owned enterprise crime, which causes the state-owned enterprise to bear criminal responsibility, so, It is imperative to study the criminal responsibility of state-owned enterprises, and its necessity and urgency should not be ignored. However, the difficulties in the process of exploration delay the process of research. The key lies in the special nature of the state-owned enterprises themselves, which leads to the difference between the organizational form and the management mode of non-state-owned enterprises. Moreover, the business involves a wide range of fields, and some of the professional requirements are particularly high. The existence of a series of factors, such as the complexity of the staff, increases the difficulty of this research. Based on the necessity of the research on the criminal liability of state-owned enterprises, this paper makes a concrete analysis of its basic theoretical category and existing defects, and puts forward the corresponding measures of prevention and punishment. On the basis of the classification of the criminal behavior of the state-owned enterprises, this paper presents their own views on the controversial problems in the criminal responsibility of the state-owned enterprises, and puts forward some suggestions on how to perfect the punishment system and system of the state-owned enterprises. First of all, it expounds the basic situation of the object of study in this paper, starting with the basic theory and judgment of the crime of the state-owned enterprise, abstracts the proper meaning of the crime of the state-owned enterprise, analyzes the subjective and objective reasons of the criminal behavior, and sums up the discussion object of this chapter. The author classifies the criminal behavior and the criminal responsibility, secondly, analyzes the present situation of the state-owned enterprise to bear the criminal responsibility, first analyzes the theoretical basis of the state-owned enterprise to bear the criminal responsibility, namely the positive theory and the negative theory, carries on the appraisal from the law and the theory two aspects. The conclusion is that the affirmation theory accords with the basic principle of criminal law of our country, and then discusses in detail the punishment principle and punishment method of the state enterprise to bear the criminal responsibility, the third is the research of the existing problems in the legislation and practice of the state enterprise to bear the criminal responsibility; The last part is the conception of perfecting the criminal liability regulation of state-owned enterprises in our country. In view of the problems and shortcomings of the punishment system of state-owned enterprises, this paper puts forward some suggestions and suggestions to revise and perfect the punishment system of state-owned enterprises. Starting from three aspects, we should perfect the penalty types of the state-owned enterprises to bear criminal responsibility, perfect the sentencing system of the state-owned enterprises to bear the criminal responsibility and strengthen the crime prevention mechanism of the state-owned enterprises, and both punish and prevent the crime.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3

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