随着社会主义市场经济的纵深发展,我国上市公司中普遍存在的诚信问题突显。上市公司的董事、监事、高级管理人员违背对公司的忠实义务,利用职务便利,损害上市公司利益的行为频频发生,涉案金额非常巨大,造成的影响极其恶劣,新增加背信损害上市公司利益罪恰逢其时。针对该犯罪的法律和犯罪特点,提出了加强了司法实践中的可操作性的对策性建议。 With the development of the socialist market economy in depth, the issue of honesty and trust that is prevalent in our country’s listed companies is highlighted. The directors, supervisors and senior executives of listed companies violate their faithful obligations to the company, take advantage of their positions, the behavior of damaging the interests of listed companies frequently occurs, the amount involved is very huge, the impact is extremely bad, add the new letter damage to the interests of listed companies just At any time. In view of the law and criminal characteristics of the crime, some countermeasures to strengthen the operability in judicial practice are put forward.