Amendment(Ⅻ)to the Criminal Law expands the subject of corporate backstabbing type offences to pri-vate companies and enterprises.During the judicial judgement of such offenses committed by the senior executives of private companies,three points shall be mainly considered:whether the actor violates the fiduciary duty(mainly the duty of loyal-ty);whether the actor uses his managing position;whether specific legal results can be attributed to the actor in violation of the duty of loyalty and the corresponding position behavior.Considering the current situation of the development of private economy and the actual status quo of the internal governance of many private companies,in dealing with such cases,the external factors and the status of internal governance should be regarded realistically,and the corresponding offenses and punishment norms cannot be simply and mechanically understood and applied.In dealing with such cases,both legal logic and realistic logic should be taken into account,so as to solve the problem of conviction and sentencing steadily.
the offenses of breach of trust in companiesthe duty of loyaltyusing the managing positioncriminal re-tribution
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