背信损害上市公司利益罪的界定及其立法调整

The Definition and Legislative Adjustment of the Crime of Breach of Trust Damaging the Interests of Listed Companies

摘要: 为针对性规范上市公司交易市场中特殊主体严重的背信行为，我国现行刑法设立了背信损害上市公司利益罪。新设立的背信损害上市公司利益罪在理论与实务中易界定混淆，因此需要在四要件理论体系的基础上，借助实证分析法、历史分析法探究关于上市公司中背信罪的界定问题，并给出相应的立法调整建议，从而更好地预防与打击此类犯罪。

Abstract: In order to regulate the serious breach of trust of special subjects in the trading market of listed companies, the crime of breach of trust damaging the interests of listed companies is established in China’s current criminal law. The newly established crime of breach of trust impairing the interests of listed companies is easy to be confused in theory and practice. Therefore, we need to explore the definition of the crime of breach of trust in listed companies on the basis of the four elements theory system, with the help of empirical analysis and historical analysis, and give the corresponding leg-islative adjustment suggestions, so as to better prevent and combat such crimes.