Reasonable Determination of the Scope of Subjects of the Crime of Illegal Operation of a Similar Business

With the continuous development of the private economy and the growing prominence of its social role, the amendments to the Criminal Law (Amendment XII) aimed at strengthening the equal and fair protection of property rights in private enterprises. Taking the crime of illegal business operations as an example, it emphasizes the differentiated and equal protection of property rights in private enterprises under criminal law. It clarifies the differences in the nature of offenses between state-owned enterprise directors, supervisors, and senior management personnel and those in private enterprises. The former is more focused on the attributes of public duty crimes, while the latter more prominently exhibits characteristics of breach of trust crimes. In judicial practice, based on the protection of business-related property rights, a substantive approach should be adopted to reasonably define the scope of “directors, supervisors, and senior management,” including the identification of de facto directors, shadow directors, and senior management. This not only adheres to the principle of restraint in criminal law but also upholds the principle of legality in criminal law.