基于欺诈“三角理论”的国有企业高管侵占型职务犯罪成因分析

根据欺诈"三角理论",我国国有企业高管侵占型职务犯罪的原因主要源自压力、机会与借口。其中,压力是经济人自利的价值取向与市场经济对财富追求的价值观导向的共同作用所产生的一种巨大的心理负担与欲望。机会主要是指公有制下的公司制的制度缺陷所造成的对高管财产经营责任约束的疲软、企业崇尚地位与权威的文化氛围、缺少必要的权力制衡及内部控制等。借口主要有"回扣"、"借款"及薪酬与激励制度设计的不合理等等。有效防范国有企业高管侵占型职务犯罪的途径就是要选拔品行能力兼优的人员担任高管,营造诚实守信等的企业文化氛围,完善各种机制与制度,并督促制度的有效执行,机制的正常运行。

An Analysis of Causes of Professional Embezzlement Committed by Executives of State-Owned Enterprise Based on the Fraud Triangle Theory

According to the fraud "triangle theory",the causes of professional embezzlements committed by executives of China’s state-owned enterprises are mainly from pressure,opportunities and excuses.Among them,pressure is a huge psychological burden and desire generated by the combined action of the self-interested value orientation of the economic man and the value??-oriented market economy in the pursuit of wealth.Opportunity refers mainly to the weak restrain on the asset operation responsibility of the executives,the cultural atmosphere of advocating the status and authority in the enterprises,and the lack of necessary power balance and internal control,all of them are caused by the system defects of the company systems under the public ownership.Excuses mainly have such forms as "kickbacks","borrowed money" and unreasonable design of remuneration and incentive systems,etc..The effective way to prevent executives of state-owned enterprises from committing professional embezzlement is to select the personnel with excellent conduct and ability as executives,create the corporate culture of honesty and trustworthiness,perfect a variety of mechanisms and systems,urge the effective implementation of the system,and maintain the normal operation of the mechanism.