Research on the criminal judicial protection of private enterprise property rights under the concept of equality
ZANG Dongbin
YANG Zhiruo
Abstract："Amendment(Ⅻ)to the Criminal Law"has included private enterprises within the scope of regulation and protection for the crimes of illegal operation of similar business,illegal profit-making for relatives and friends,the crimes of favoritism,embezzlement,low price stock conversion,and sale of company and enterprise assets.In judicial practice,the relevant charges should be accurately applied in light of the purpose and basis of this legislation as well as the"Company Law"and other prior regulations.In determining the scope of the subjects,the range of"directors,supervisors or senior management personnel"and"relatives and friends"should be precisely defined.The determination of the former should adhere to the substantive judgment standard,while for the latter,in addition to the relatives of the perpetrator,close friends and those with significant influence and cohesion who share common interests should also be considered.In terms of determining the mode of conduct,reasonable explanations should be provided for issues such as"taking advantage of official convenience"and the exceptions and unreasonable consideration in acts of breach of trust.The exemption system for non-competition should be adhered to as a prerequisite regulation,and the rationality of the consideration should be comprehensively judged based on multiple factors to eliminate reasonable doubts about low prices.Regarding the future judicial path selection for the equal criminal protection of private enterprise property rights,the concepts of differentiated equality and the restraint of criminal law should be upheld.The limits of equal protection for private enterprises should be clearly defined,and differentiated standards for conviction and sentencing should be formulated accordingly.When prosecuting internal corruption crimes in private enterprises,the actual situation of their development should be taken into account.
Keywords：private enterprises'property rightsequal protectioncriminal justice
Publication Date：2025-05-15
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：8( 1-8 )