What is Corporate Malfeasance?

Malfeasance is a Chinese vocabulary, and pinyin is dú zhí. Means neglect of duty; incompetence.

[dú zhí]

Malfeasance is a Chinese vocabulary, and pinyin is dú zhí. Means neglect of duty; incompetence.

Specifically a professional service provider (such as a medical staff) or

One,

Although the revised Criminal Law clearly stipulates that the subject of malfeasance is: staff of state organs. However, the scope of staff of state organs is not very clear. State organs are in accordance with the provisions of state organs in the Constitution; state organs include state power organs (organizations of people's congresses at all levels), administrative organs (referring to the State Council and people's governments at all levels and affiliated institutions), Trial organs, prosecutorial organs, military organs. Then, party organizations at all levels, CPPCC and other group organizations are actually listed in the organization of the people's political power at all levels, and whether the crime of malfeasance constitutes the subject of the crime of malfeasance. In addition, even those who are engaged in public affairs in state organs, the actual situation is that there are still a large number of personnel who are not in the establishment, such as contract personnel and workers' establishment personnel. Whether they can become the subject of malfeasance is another issue, etc. The problem became a difficult problem in judicial practice. In response to this problem, the Standing Committee of the National People's Congress adopted the "Interpretation of the Application of the Ninth Chapter of the Crime of Malfeasance" on December 28, 2002, which further clarified the subject of the crime of malfeasance. The full text is as follows: Persons engaged in official duties in organizations that exercise state administrative powers in accordance with laws and regulations, or personnel engaged in official duties in organizations that are entrusted by state organs to perform functions on behalf of national organs, or are not included in the staffing of state organs However, those who are engaged in official duties in state organs, when exercising their powers on behalf of state organs, commit acts of malfeasance that constitute a crime, shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of malfeasance.

According to this explanation, combined with the relevant provisions of the crime of malfeasance in Chapter IX of the Criminal Law, the subjects of the crime of malfeasance include the following categories.

1. Staff of state organs

Refers to the staff of state organs in the strict sense, that is, those who are engaged in public affairs among the organs that belong to the sequence of state institutions according to the Constitution, including state power organs, administrative organs, judicial organs, procuratorial organs, military organs and prisons. These organs are clearly stipulated in the Constitution as belonging to state organs and are state organs of course. In the exercise of state power, personnel engaged in dereliction of duty, abuse of power, malpractice, and other malfeasance, which constitute a crime, shall be subject to criminal law. Provisions on the crime of malfeasance are held criminally responsible.

2. Personnel engaged in public affairs in organizations that exercise state administrative powers in accordance with laws and regulations

Such persons refer to persons engaged in official duties in certain non-state organizations authorized by some laws and regulations to exercise state administrative functions. Article 17 of the "Administrative Penalty Law" provides that "organizations authorized by laws and regulations with the function of managing public affairs may implement administrative penalties within the scope of legal authorization." In some laws and regulations, some units not belonging to state organs are required to exercise administrative functions. As stipulated in the Insurance Law, the financial supervision and management department is responsible for the supervision and management of the insurance industry. This power should be exercised by the People's Bank of China according to the law. However, in order to strengthen the management of the insurance industry, a CIRC has been set up. The CIRC is responsible for supervision and management, but the CIRC is not a state organ. However, in terms of the nature and authority of its powers, it still belongs to the state's management powers. Those who are engaged in official duties and have committed malfeasance while exercising state administrative powers constitute a crime, and have become the subject of the crime of malfeasance in accordance with interpretive regulations, such as the State Intellectual Property Office, China Securities Regulatory Commission, Meteorological Administration, and Earthquake Administration. Organizations and units such as power companies, aviation companies, post and telecommunications companies and other non-state agencies, who are authorized by laws and regulations to exercise certain national administrative functions and perform their official duties, may constitute the subject of malfeasance.

3. Persons engaged in official duties in organizations entrusted by state organs to exercise their functions and powers on behalf of state organs

Article 18 of the "Administrative Penalty Law" stipulates that according to the provisions of laws, regulations or rules, administrative organs may, within their statutory authority, entrust organizations that meet the conditions prescribed by law to implement administrative penalties. Penalties are imposed in the name of the administrative organ. In practice, some national administrative organs have authorized departmental administrative penalties. For example, the local health administrative department entrusts the health and epidemic prevention station to supervise and manage food hygiene operations, the cultural department entrusts the institution's cultural market management office to take charge of cultural and entertainment supervision, and the transportation department entrusts the institution's transportation management station to take charge of transportation and transportation management The competent forestry department entrusts forest farms and other company units to be responsible for the supervision and management of forestry operations, etc. The above-mentioned departments are not state organs but are entrusted by the state organs to exercise the powers of the state organs. According to the interpretation, their public servants are exercising on behalf of the state In the course of authority, acts of malfeasance that constitute a crime constitute the subject of the crime of malfeasance.

4. Persons who are not included in the staffing of the state organs but are engaged in official duties in the state organs

It mainly refers to those who do not belong to the official staff of the state organ, but exercise the power of the state organ in the state organ. Its "identity" does not belong to the official staffing of the state, but in fact exercises the same functions and powers as the staff of the state organs. The main ones are contract police officers employed by public security organs, prison administration departments, and seconded personnel and workers not included in the official establishment in state organs. Although such personnel do not belong to the staff of state organs in terms of "identity", from the perspective of their official business activities, they represent the exercise of powers by the state and are in line with the essential characteristics of staff of state organs. According to the interpretation, such personnel are those who are not included in the staffing of the state organs but are engaged in public affairs in the state organs. When exercising state power on behalf of the state, they commit acts of malfeasance and constitute a crime, and they have become the subject of malfeasance. However, the main body of the crime of malfeasance must be established only when engaged in public service activities; otherwise, not in public service, but in labor and other tasks cannot be treated as staff of state organs. Even if there is a criminal act, criminal responsibility cannot be investigated for the crime of malfeasance.