Article 166 Any staff member of a state-owned company, enterprise or institution who, by taking advantage of his position, commits any of the following circumstances, thus causing heavy losses to the national interests, 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 national interests shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined: (two) to purchase goods from the units managed by their relatives and friends at a price significantly higher than the market, or to sell goods to the units managed by their relatives and friends at a price significantly lower than the market; (3) purchasing unqualified goods from units managed by their relatives and friends. Explain that this article is a regulation that employees of state-owned companies, enterprises and institutions use their positions to make illegal profits for relatives and friends. According to this provision, the crime of illegally profiting for relatives and friends has the following characteristics: first, the subject of this crime is the staff of state-owned companies, enterprises and institutions; Second, the actor used his position to make illegal profits for relatives and friends. This paper lists three specific behaviors: 1, giving the profitable business of the unit to your relatives and friends. This means that the actor takes advantage of his position to decide and participate in economic and trade projects, master the market situation of economic and trade information, hand over the profitable business projects to his relatives and friends, and hand over the unprofitable business to his state-owned unit. "Entrusting relatives and friends to operate" here includes entrusting their relatives and friends to invest, manage and control the operation of the unit. 2. Purchasing goods from units operated by their relatives and friends at prices significantly higher than the market or selling goods to units operated by their relatives and friends at prices significantly lower than the market. If the goods purchased or sold by the actor from his relatives and friends do not deviate from the market price obviously, it does not constitute a crime. 3. Purchasing unqualified goods from the units managed by their relatives and friends. This is manifested in allowing state-owned companies, enterprises and institutions to purchase raw materials from units managed by their relatives and friends. Third, the actor's illegal profit-making behavior for relatives and friends has caused great losses to the national interests and constituted a crime. The term "causing great losses to national interests" as mentioned in this article refers to transferring the profits of state-owned companies, enterprises and institutions to their relatives and friends, resulting in huge losses. This article stipulates two levels of punishment for the crime of making profits for relatives and friends of state-owned companies, enterprises and institutions: those who cause great losses to the interests of the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 166 of the Criminal Procedure Law stipulates that the staff of public institutions cannot seek illegal rights and interests for relatives and friends. Staff members of state-owned units who take advantage of their positions to seek benefits for relatives and friends, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Legal objectivity:
Article 112 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.