What constitutes the crime of breach of trust that harms the interests of listed companies?

Legal analysis: the constitutive elements of the crime of breach of trust that damages the interests of listed companies are: 1, and the objective elements, and the object of infringement is the management order of the securities market; 2. The objective elements, objectively speaking, are acts that the actor violates the loyal obligations to the company, takes advantage of his position to take illegal measures, and causes great losses to the interests of listed companies; 3. Main elements, including directors, supervisors and senior managers of listed companies; 4. Subjective elements, subjective is intentional.

Legal basis: Article 169-1 of the Criminal Law of People's Republic of China (PRC), if a director, supervisor or senior manager of a listed company violates his duty of loyalty to the company and manipulates the listed company to engage in one of the following acts by taking advantage of his position, thus causing heavy losses to the interests of the listed company, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; Whoever causes particularly heavy losses to the interests of listed companies shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) providing funds, commodities, services or other assets to other units or individuals free of charge;

(2) Providing or accepting funds, commodities, services or other assets on obviously unfair terms;

(3) Providing funds, commodities, services or other assets to units or individuals that are obviously insolvent;

(four) to provide guarantees for units or individuals that are obviously insolvent, or to provide guarantees for other units or individuals without justifiable reasons;

(5) Abandoning creditor's rights and assuming debts without justifiable reasons;

(6) harming the interests of listed companies in other ways.

If the controlling shareholder or actual controller of a listed company instructs the directors, supervisors and senior managers of the listed company to commit the acts mentioned in the preceding paragraph, they shall be punished in accordance with the provisions of the preceding paragraph.

If the controlling shareholder or actual controller of a listed company that commits the crime mentioned in the preceding paragraph is a unit, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.