论文部分内容阅读
一、理论概述我国刑法中,不仅侵犯财产罪一章直接以保护公私财产免受损失为目的,其他章节中的不少罪名也以造成财产损失作为定罪量刑的重要条件。如滥用职权罪,玩忽职守罪,贪污罪,为亲友非法牟利罪,签订、履行合同失职被骗罪,徇私舞弊低价折股、出售国有资产罪,背信损害上市公司利益罪,骗取贷款罪,违法发放贷款罪,吸收客户资金不人账罪,对违法票据承兑、付款、保证罪等。国外理论与判例现在毫无争议地认为,对于违法发放不良贷款,致使银行资金难以收回的,即便银行还存在受民法保护的所谓债权,但从经济的财产损害角度看,银行已经遭受了财产损失,值得以刑法手段予以规制。[1]同样,我国国家工作人员滥用职权或者玩忽职守,致使国家或企业形成大
I. Overview of Theory In our criminal law, not only is the chapter on crimes of property infringement directly aimed at protecting public and private property from losses, but many crimes in other chapters also take the loss of property as an important condition for the conviction and sentencing. Such as abuse of power, neglect of duty, corruption, illegal profit-making for relatives and friends, signing, performance of the contract to defraud the crime of fraud, favoritism and fraudulence cheap discount, the crime of selling state assets, the crime of damaging the interests of listed companies, fraud fraud, Loans illegally issuing loans, absorbing customer funds without accounts, acceptance of illegal bills, payment, guilty of guaranty. Foreign theory and jurisprudence It is now argued, without dispute, that banks have suffered property damage in the light of economic property damage, even though the bank still has so-called claims that are protected by non-performing loans due to the illegal issuance of bad loans. , It is worth to be regulated by criminal law. In the same vein, our national staff abuse power or neglect their duties, causing countries or enterprises to become large