According to the policies of the Party and the provisions of the Constitution,all departmental laws shall e-qually protect the legitimate rights and interests of enterprises in different natures.However,in protecting the legitimate rights and interests of private enterprises,the Criminal Law fails to fully implement the spirit of equality of the Party's poli-cies and the constitutional provisions.The Amendment Ⅻ to PRC Criminal Law has revised the provisions of Article 165,Article 166 and Article 169,incorporating personnel of private enterprises in the criminal subjects of the corresponding crimes,and the allocation of statutory penalties will no longer be different due to differences in the nature of enterprises.This is a major step forward in the implementation of the spirit of equal protection in the criminal law.However,there are still unequal factors in the provisions of the general provisions of the criminal law on the tasks of criminal law and the con-cept of crime,and there are several crimes in the sub-provisions of the criminal law that differ in the conditions for crime construction and the statutory configuration due to differences in the nature of enterprises.We should comprehensively re-view the provisions of the Criminal Law,remove the unequal provisions arising from the different nature of enterprises,and realize the equal protection of the rights and interests of private enterprises.
amendment Ⅻ to PRC Criminal Lawstate-owned enterpriseprivate enterpriseequal protection
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