恶意经营的公司防范和社会惩治

The Companies' Guard against and the Social Punishment to the Corruption in Management

恶意经营是对国家和企业危害极大的发生在企业经营领域里的腐败行为， 是一种经济犯罪。企业所有权和经营权分离带来的缺陷和巨大的恶意经营预期收益分别是恶意经营的制度条件和个人行为条件。消除这两个条件， 必须从具体国情出发去设计公司的治理机制。社会的公共管理能力低下， 企业应强化公司防范； 反之， 可施以有效的社会惩治。“抓大放小”可使中小企业凭借公司防范预防恶意经营，

Management corruption that is the economic crime has been the most harmful act to the nation and the enterprises. The separating of management from ownership within enterprises with some drawbacks and the expectant high benefits has been the precondition of the system and the individual act. To extinguish these conditions, we have to re-design the ruling mechanism of companies according to our nation's specific circumstances. Enterprises should strengthen their own guarding mechanism against corruption with low level social jurisdiction, otherwise, we should use the effective social punishment. The state should use the limited recourses to run the major large enterprises well, and let the small and medium size enterprises play their own role against managing corruption.