Criminal Law Prevention and Control of Internal Corruption in Private Enterprises:New Highlights of the Amendment to the Criminal Law(12)
To ensure the sustainable and healthy development of private enterprises,it is necessary to construct a punishment mechanism for corruption crimes in private enterprises from the perspective of criminal entity law,in order to effectively curb internal corruption behavior in private enterprises.Therefore,the topic of analyzing the reasons and measures for preventing internal corruption behavior in private enterprises in the Amendment to the Criminal Law(12)has emerged.Internal corruption in private enterprises refers to the behavior of the management of private enterprises using their own authority to seek benefits for individuals or others.It has undergone a normative evolution from private enterprise autonomy to collaborative governance between the state and private enterprises.There is a scientific basis for criminalizing internal corruption in private enterprises.Firstly,it is a necessary basis in accordance with constitutional provisions;The second is the legitimacy basis that conforms to the principle of modesty in criminal law;Thirdly,there is a feasible basis for policy support.Regarding the understanding of the key constituent elements of the newly added criminal law provisions,it is necessary to clarify the meanings of"directors,supervisors,senior management personnel"and"violating laws and administrative regulations"in the crime of illegally operating similar businesses.In the crime of illegally profiting for family and friends,it is necessary to understand the meaning of"family and friends"and illegal profit-making behavior.In the crime of favoritism,cheating,and selling assets of company or enterprise at a low price,it is necessary to understand the definitions of"directly responsible executives of the company or enterprise","favoritism,cheating",and"selling stocks at a low price or selling assets at a low price".
private enterprisesinternal corruptionAmendment to the Criminal Law(12)enterprise equalitycriminal law doctrine
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