自我国证券市场建立以来,一些上市公司高管犯罪呈现愈演愈烈的态势。高管犯罪多发既有案件的查处、移送缺乏具体标准,经济犯罪圈失衡,入罪门槛偏高等原因;也有刑罚设置不尽合理,司法裁量失当等因素。为此,需要在法律上进一步明确案件查处、移送的标准,规范行政执法与刑事司法的衔接机制;增设短线交易犯罪,修改、细化相关犯罪的构成要件,提高有关犯罪的法定刑,完善背信损害上市公司利益罪等措施,从而规制和防范上市公司高管犯罪问题。 Since the establishment of the securities market in our country, some listed companies have witnessed an increasingly serious crime. There are many factors such as the investigation and handling of the existing crimes, the lack of specific criteria for transfer, the imbalance of economic criminal circles and the high threshold of incriminating crime. There are also some factors such as improper penalties and improper judicial discretion. To this end, it is necessary to further clarify the standards of handling and transferring cases in the law and to standardize the linkage mechanism between administrative law enforcement and criminal justice. It should also establish new crime mechanisms for short-term transactions, modify and refine the constitutional elements of related crimes, raise the legal punishment of crimes, Damage the interests of listed companies crime and other measures to regulate and prevent listed company executive crime.