Research On The Crime Of Manage Similar Business

The crime of manage similar business illegally is a newly-added crime to the evised Criminal Law after 1997. There has been dispute about judicial cognizance of state-owned companies or enterprises, managers and directors of these companies and enterprises, the similar business, as well as the illegal benefit. The paper first analyzes the legislative purpose and practical significance of this crime, then describes some basic terms concerning this crime based on its construction, and distinguish this crime from the crime of obtaining illegal benefit for one's connectinons or friends, the crime of corruption and the crime of bribery based on the above. The writer give some suggestions to perfect legislation. The writer suggest that the subject of crime should be changed into the directors and other executives of the companies, enterprises. About the construction, the writer suggest that"taking advantage of one's position"should be removed, and that"doing great harm to the companies or enterprises"should be regarded as the standard for completed crime. Also, in order to fight against the criminal act and safeguard security of the state, the writer propose, manage as to government owned corporation, director, executive of enterprise similar open illegally should be punished severely. At the meantime, it is necessary to restrict, prohibit and deprive of doers' right of taking part in the relevant business activities.