Research On The Post-related And Economic Crime Of Company Executives

The post-related and economic crime of company executives is a phenomenon in the field of criminal law, but also the phenomenon of company law. As the company’s leadership groups, the company executives have an important effect on the activities of the company’s management and the pros and cons of the interests of the company. The post-related and economic crime of company executives have great social harm, and the harm to the company and society far more than the criminal acts of the general staff in the company.Based on this understanding, this article strip the post-related and economic crime of company executives which was typed from the post-related crimes, economic crimes. The prevention and regulation to the post-related and economic crime of company executives need "Company Law" and "Criminal Law" co-regulation of the main legal department of the legal system. Judging from the current law, the duty of loyalty and diligence obligations in the Companies Act is the source of the company’s executives crime. Based on the these two obligations specification, on receipt of the Criminal law on the the two obligations specification violation of the terms of the regulation, we found that the specification of the "Criminal Law" and "Company Law"related to the duty of loyalty, diligence duties of economic crime exists on the docking problem of insufficient. For example, for the absolute prohibition of certain acts and obligations of the Companies Law, Criminal Regulation did not reflect;the scope of the object in criminal law is inconsistent with the company law;the behavior which did not reflect in the company law exists the problem of over-regulation in the criminal law; etc. The existence of these problems makes company executives who breach company law and cause the loss to the interests of the company is difficult to regulate by the criminal law,which is no doubt cause a certain degree of indulgence to company executives. It is based on the findings in this article do such laws docking studies, in order to be able to produce a certain practical significance. Based on the docking of criminal regulation and corporate law the duty of loyalty and diligence duties of company executives in corporate law, this paper analyzes the characteristics and the causes of the post-related and economic crime of company executives and analyzes the faithful and diligence obligations. Then the types of crimes related to company executives, such as relatives and friends Profits Illegally, illegal similar business, violating commercial secrets, misappropriation of crime, occupation of the assets of crime and abuse of power crimes Regulations of Criminal Law and the standard docking with the obligations of the Act are described in detail. Finally, this article put foward the corresponding countermeasures for the two laws in the post-related and economic crime of company executives. By combing and researching,we can clarify the problem for two laws in docking, and look forward to the further improvement of the law and full docking, which can bring fuller regulation for the post-related and economic crime of company executives. The author believes that we should strengthen coordination between the two legal departments, which will have real importance and urgency to solve the outstanding problems and contradictions in our company practice.