The provisions of the draft of the Criminal Law Amendment(12)on"state-owned companies,enterprises"and other relevant personnel apply to the staff of private enterprises without discrimination,contrary to the principle of equali-ty.The equal protection of private enterprises should focus on equality of rights rather than simple equality of obligations,and the relevant acts carried out by state functionaries and private enterprise staff should not be given the same criminal punishment evaluation if there are differences in legal infringement and personal danger.The new criminal provisions related to the staff of private enterprises in the draft are a crime of breach of trust,but it is not appropriate to stipulate ordinary crimes of breach of trust in the criminal law to avoid them becoming pocket crimes.If the crime of breach of trust by private enterprises must be increased,it should also be placed in the crime of property infringement,and it should be strictly limited to the crime of viola-ting property rights.Such a breach of trust offence can negate the criminality of the act if it is promised in advance or acknowl-edged by the shareholders afterwards.The newly added breach of trust clause should be coordinated with the Company Law and other previous laws to avoid excessive interference by criminal law in the civil and commercial fields.Whether the draft of the Criminal Law Amendment should continue the previous revision model should be carefully assessed.
Criminal Law AmendmentCrime of Breach of TrustImpartiality
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