非公有制领域职务犯罪及其预防

非公有制领域职务犯罪是指在非公有制部门中承担一定职务的人员,利用其职务,严重危害部门利益,刑法规定应该受到刑罚处罚的行为。非公有制领域职务犯罪大体可以分为贪利型职务犯罪、背信竞业型职务犯罪和渎职型职务犯罪三种类型。分析非公有制领域职务犯罪的形成原因必须从社会、非公有制部门及个人三个角度来进行,是动机、机会和条件相结合的产物。预防非公有制领域职务犯罪具有重要的现实意义,能够增强非公有制部门信誉,净化市场环境促进良性竞争,抑制官员腐败与打击贿赂行为。预防策略主要包括以下三个方面:加强职工思想教育,重视部门文化建设;加快部门制度建设,规范市场秩序;完善相关法制和监督体系建设。

Study of the Duty Crimes in the Non-Public Sector and Its Precautionary Measures

The duty crimes in non-public sector refer to the crimes committed by the people who take certain power or respon- sibility in non-public-owned enterprises, take advantage of their posts and do serious harm to the interests of the enterprises so much so that they should be punished according to the provisions of the criminal law. The duty crimes in non-public enterprises can be classified into three types, i.e., covetous job-related crimes; breach of fidelity crime and malfeasance crime. The causes of those crimes should be attributed to society, non-public ownership enterprises and individuals because those crimes are the result of motivation, opportunity and condition. Thus, it is significant to prevent duty crimes in non-public sector. First, it can enhance an enterprise＇ credibility; second, it can purify the market environment and promote competition; third, it can prohibit official corruption and combat bribery. The precautionary measures of duty crimes in non-public sector lie in such three aspects as strengthening the ideological education among workers and paying more attention to the enterprise culture construction; speeding up the construction of the enterprise system and regulating market order; and improving the relevant legal construction and supervision system.