论犯罪学视野下的国企高管职务犯罪

发布时间：2018-05-31 02:07

本文选题：国企高管 + 职务犯罪　；参考：《湖南师范大学》2012年硕士论文

【摘要】：近年来,一些国有企业腐败案件和重大决策失误案件频频发生,各大案件牵涉的人员之广、金额之大、后果之严重已经到了让人瞠目结舌的地步,如云铜集团腐败案、古井集团腐败案、轻骑集团腐败案、同煤集团经理腐败案等等,导致这些腐败窝案发生的正是国有企业的高级管理人员(简称国企高管)。同时我国刑法学界和司法实务界更多的是关注一般意义上的国家工作人员的职务犯罪,对国有企业高管职务犯罪缺乏专题研究,以致国有企业高管职务犯罪的一些基本问题都没有与非国有企业的职务犯罪区别开来,这对我国职务犯罪类型在预防和惩治方面造成了不利影响,以至成为薄弱环节,使得国有企业成为国企高管职务犯罪的高发领域,从而对国企高管职务犯罪问题进行研究成为一个富有理论性和实践性的课题。国企高管职务犯罪是指国有企业的高级管理人员在履行职责的过程中,利用职务上的便利条件,滥用和私用职权所实施的违背职责要求的严重危害社会的依照刑法规定应受刑罚处罚的犯罪行为,具有贪利、渎职、侵权的属性,同时还具有主观犯罪性质严重,犯罪行为隐蔽、犯罪手段多样等特征。国企高管职务犯罪产生的原因是复杂多样的,主要有追求享乐与贪图名利、盲目攀比与心理失衡、侥幸冒险与胆大妄为、权力私用与权力补偿等自身原因,也有企业内部思想政治教育工作薄弱、企业产权结构单一与高管权力集中、企业体制落后与管理混乱、监督乏力、惩治不严等外部原因。因此,预防国企高管职务犯罪,重在加强教育工作、培养廉洁意识、搞好制度建设、规范国企管理、健全监督机制、形成防控体系、加大查办力度、严厉惩罚职务犯罪等。
[Abstract]:In recent years, some cases of corruption in state-owned enterprises and cases of major decision-making mistakes have occurred frequently. The number of personnel involved in each major case is so large, the amount of money involved is so large that the consequences have become startling, such as the copper group corruption case. The corruption cases of Gujing Group, Qingqi Group and the managers of the same Coal Group have led to the occurrence of these corruption cases by the senior managers of state-owned enterprises. At the same time, the criminal law circle and judicial practice of our country pay more attention to the official crime of the state functionary in the general sense, and lack of special research on the official crime of the senior executives of the state-owned enterprises. As a result, some basic problems of senior executives' duty crimes in state-owned enterprises have not been distinguished from those of non-state-owned enterprises. This has adversely affected the types of duty crimes in our country in terms of prevention and punishment, and has even become a weak link. It makes the state-owned enterprises become the high incidence field of the state-owned enterprise executive duty crime, so it becomes a theoretical and practical topic to study the problem of the state-owned enterprise executive duty crime. In the process of performing their duties, the senior managers of state-owned enterprises take advantage of the convenient conditions of their positions. Criminal acts that violate the requirements of duties and are seriously harmful to society committed by abusing or using their powers privately have the attributes of corruption, dereliction of duty and infringement, and are of a serious subjective criminal nature, if they are punishable by punishment in accordance with the provisions of the Criminal Law. The criminal behavior is concealed, the crime means various and so on. The reasons for the crimes committed by senior executives in state-owned enterprises are complex and varied. They mainly include pursuing pleasure and seeking fame and fortune, blindly comparing with each other and psychological imbalance, taking chances and taking bold actions, private use of power and power compensation, and so on. There are also external reasons such as weak internal ideological and political education, single structure of enterprise property rights and centralized power of executives, backward enterprise system and confused management, weak supervision, lax punishment and so on. Therefore, it is important to strengthen education, cultivate clean consciousness, do a good job of system construction, standardize management of state-owned enterprises, perfect supervision mechanism, form prevention and control system, intensify investigation and handling, and severely punish duty crimes and so on.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D917

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