On The Legislation Improvement Of The Crime Of Privately Carving Up State-owned Property

The Crime of Privately Carving up State-owned Property is a new crime of our contry's 1997 Criminal Law. Many legislation defects have been found in recent year's judicial practice of this crime, so it's necessary to improve the legislation of the crime. The law characters of dividing up the assets of state organ and state institution are different from that of dividing up the assets of state-owned enterprise, So it's improper to stipulate them in the same regulation in the Criminal Law.We shoud establish the principle of protecting public and private properties equally in our Constitution ,and give up the principle of protecting public properties particularly. To meet the needs of the reform and development of social and economic of our country , the legislation improvement of the crime should be carried on stepwisely. At the time that the economic system reform of our country is finished basically, the market economy is founded basically and the property-right relationship of state-owned enterprise is really maken clear in our country , completely legislation improvement of the crime should be carried on based on the theory research and legislation improvement of our country's Constitution, civil and commercial law, economic law, etc. In this paper , I 'll prove the guiding ideology and concret programme of near future and forward improvement of the Crime of Appropriating State-owned Property combining with the theory dispute of the crime in academic circles, the typical prombles that the judicial encounter , the specific social and economic background of our country and the reform progress of our country's economy, especially the reform progress of state-owned enterprise.