An Analysis Of The Penal Statute Of Self-determined Pay By Senior Executives Of State-owned Enterprises

State-owned enterprises are the indispensable backbone of China’s economic development,most of which are in a "monopoly" position in the economic field,and their nature is equivalent to the working departments of state organs to a certain extent.Therefore,the criminal code specifically sets up corresponding charges for state-owned enterprises(state-owned companies)to prevent and regulate their criminal behaviors.In recent years,due to the senior managers of state-owned enterprises since the fixed salary compensation behavior caused by excess problem has attracted many attentions of the society,on the compensation standard,the senior managers of state-owned enterprises not only have a certain political treatment,their wages are far more than middle and grass-roots workers,assign people a fair feelings brought certain negative influence.Based on this,China has adjusted the salary system of state-owned enterprises for many times through deepening reform.In 2009,2014 and 2018,the State Council and several ministries and commissions successively issued opinions on the salary reform of state-owned enterprises and relevant policies,established the total salary budget system of state-owned enterprises,and implemented a series of new reform measures.But because of the salary,performance of state-owned enterprises still belong to the state of unpublished,bonuses,etc,the lack of a strong external supervision,senior managers of state-owned enterprises set pay excess problem still exists,its behavior belongs to the coincidence of civil liability or criminal liability limits is more and more high,thus brought judicial application of the theory and practice of the dual dilemma.At present,there is no unified view on whether the behavior of the managers of state-owned enterprises’ excessive self-determined salary constitutes a crime,and there are still some differences in the field of criminal law.The general view is that the behavior of the senior managers of state-owned enterprises’ excessive self-determined salary should be a crime,but there are various opinions on the specific charges,such as the crime of corruption,the crime of duty encroachment,or the crime of the abuse of power by the personnel of state-owned companies,enterprises and institutions.However,a small number of views hold that the behavior of the excess self-determined salary of senior managers of state-owned enterprises cannot be generalized,and "case analysis" is needed to judge whether the punishment should be based on the crime according to the specific facts and circumstances of the case.If not necessary,it can be regarded as the violation of rules within the Party or ordinary illegal behavior.In other words,the emphasis on the nature and limits of behavior.It is not difficult to find that,although China has issued many measures and documents,and strictly restricted the compensation of senior managers of state-owned enterprises through internal and external supervision,this behavior is still difficult to stop and avoid.At the same time,for the behavior of senior managers of state-owned enterprises to determine their own salaries,we can not mechanize "one size fits all",but need to determine the nature of their behavior through comprehensive consideration and analysis.This article takes "Yuan Mou abuse of power case" as an example,and combines with the specific criminal law theory,expounds the nature of the behavior of senior managers of state-owned enterprises to determine their own pay,and carries on an in-depth analysis of the conviction of their behavior,in order to provide a useful theoretical reference for judicial practice.