An Empirical Study On The Crime Of Occupational Embezzlement By Private Entrepreneurs In Zhejiang Provinc

Private enterprises are an indispensable force to promote the development of our domestic economy,while all kinds of risks encountered in the course of operation have always been major hidden dangers in the development of enterprises,especially criminal risks.Among them,the crime of misappropriation,as a high-incidence crime in the daily operation of private enterprises,has caused significant damage to the local socialist market economic order and business environment,thus it is of great necessity to study this typical crime.Since Zhejiang Province has already carried out the frontier judicial practice of exemption from corporate criminal compliance,in consideration of the advancement of the research,this paper makes an empirical study on the present situation,crime characteristics,causes,prevention and control countermeasures of the crime of misappropriation of private entrepreneurs in Zhejiang Province from 2018 to 2021.Initially,this paper defines the meaning of the research objectives.Private enterprisers generally refer to companies and enterprises other than state-owned enterprises that are participated by the state instead of holding shares,and companies and enterprises that are completely composed of private capital.Private entrepreneurs are the senior managers of the above-mentioned enterprises;While historically,the essence of this crime is the punishment of destruction of professional trust and the violating public and private property rights under the condition of private ownership.Then,based on the cases above,this paper makes an empirical analysis of the characteristics of private entrepreneurs’ crime of misappropriation,including the overall situation,subject characteristics,criminal objects,subjective and objective characteristics of criminal behavior.Generally,the industry involved is mainly Wholesale and Retail,Manufacturing,Construction and Scientific Research and Technical Services,the amount is generally below RMB 1,000,000.In terms of subject characteristics,the private entrepreneurs involved in the case are mainly men,with their ages concentrated in 31-40 years old;Managers and project leaders in enterprises are often more likely to commit crime of misappropriation;In terms of criminal objects,the main objects of encroachment are account funds and receivables;In terms of characteristics of criminal behavior,we mainly start with subjective and objective characteristics.The objective characteristics are characterized by concealment,various means,and great harmfulness of criminal behavior,while the subjective characteristics are mainly divided into intentional and profit-seeking.Compared with other crimes,the subjective motive of crime is relatively simple,mainly manifested by pursuing economic interests.Furthermore,this paper analyzes the causes behind the above phenomena,mainly from five layers: actors,enterprises,social environment,government,legislation,and justice.The actor’s unsatisfactory cultural level,management ability and unenlightened thoughts.The internal management system of enterprises similar to the family management mode reserves a great space for the crime of misappropriation;Social concepts generally lack awareness of the harmfulness of the typical crime,and traditional concepts are biased against commercial operations;The government’s advocacy of corporate compliance awareness and the lack of external supervision measures also provide the soil for the crime of misappropriation;Finally,the generalization of criminal intervention and the imbalance of sentencing have increased the typical crime to a certain extent.In view of the specific causes,this paper puts forward some suggestions on the governance and prevention and control measures of private entrepreneurs’ occupation crime from various angles.From the perspective of actors,we should improve the crime prevention and control ability of private entrepreneurs;From the perspective of enterprises,we should optimize the risk control mechanism of private enterprises;The government should give full play to its functions,optimize the social operating environment and advocate the construction of a compliance system;From the perspective of legislation and judicature,all organs should perform their duties prudently,legislate scientifically and strictly administer justice.