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一、全融机构及其工作人员背职犯罪的概念及种类 所谓“背职”是指从事公共事务的机构及其工作人员,不忠于职守或违背自己的职责义务,致使国家、社会、他人的利益遭受损害或者面临威胁。不忠于职守包括三种情况:1.行为人无视职责要求,不良地履行自己的义务,玩忽职守使国家、社会公众的利益受损或者处于不安全的状态;2.背弃诚实的公职品德,利用职务之便以权力谋取私利;3.滥用职权侵犯国家、社会、他人的合法权益。这三种情况都可能发生在金融机构及其工作人员中,但我国刑法对金融机构及其工作人员实施的这三种行为并不称作背职罪。刑法第八章有关于渎职罪的规定,渎职罪与背职的行为有共同的地方,即都是违背了“正当行使职责的义务”。
I. The concept and types of crimes committed by criminals and their staffs The so-called “backstroke” refers to the institutions and their staff members engaged in public affairs, being unfaithful to their duties or violating their own duties and obligations, causing the interests of the state, society and others Interests are harmed or threatened. Loyalty to duty includes three situations: 1. Behaviors of people who neglect their duties and requirements, badly perform their obligations, neglect their duties, so that the interests of the state and the public are damaged or are unsafe; 2. Abandon honest and honest moral character and use His position is to seek personal gain by power; 3. Abuse of power violates the legitimate rights and interests of the state, society and others. All three cases may occur in financial institutions and their staff, but our criminal law does not regard these three acts committed by financial institutions and their staff as crimes of indebtedness. The eighth chapter of the Criminal Law contains provisions on the crime of dereliction of duty. The common dereliction of duty and dereliction of duty have violated the “obligation to perform their duties properly.”