浅析背信罪主体扩大的合理性——基于《刑法修正案(十二)》的重大修订

An Analysis of the Rationality of Expanding the Subject of the Crime of Trust—Based on the Major Amendment of The 12th Amendment to the Criminal Law

《刑法修正案(十二)》扩大了相关几个特殊背信罪的主体范围,对民营公司、企业的董事、监事、高级管理人员的背信行为予以规制。此举不仅回应了对民营企业的平等保护,更是促进国民经济高质量发展的重要的举措。但出于对背信罪保护的法益不同,相关主体判处相同的罪名和相同的量刑情节需要进一步探讨论证。从背信罪的本质出发分析背信行为的刑法规制合理性,探索建立保护民营企业合法权益机制和有效打击背信行为的法律解决机制。

The 12th Amendment to the Criminal Law expands the subject scope of several special crimes of trust, regulating the crime of trust of directors, supervisors and senior managers of private companies and enterprises. This not only responds to the equal protection of private enterprises, but is also an important measure to promote the high-quality development of the national economy. However, due to the different legal interests of the protection of crime of trust, the same charges and the same sentencing circumstances of relevant subjects need to be further explored and proved. From the essence of the crime of trust to analyze the rationality of the criminal regulation of crime of trust, explore the establishment of the mechanism to protect the legitimate rights and interests of private enterprises and effectively combat the legal settlement mechanism of crime of trust.