The Study Of The Cause And The Preventive Countermeasure Of State Asset Loss

To the common people in China, "State-owned Enterprise Reform" is a familiar while strange phrase. What's so familiar is that people often hear these words from the media, while strange is that people don't understand why there's great loss of state assets in vain when it's supposed to be replacing the old with the new. From the legal perspective, the author considers that it's caused by the weakness of the system, but the most important is human factors which means the administrators, the users and the occupants of state-owned enterprises take advantage of the imperfect mechanism and system, circumvent laws and regulations deliberately, embezzle, misappropriate, share out state assets, or abuse their powers.It's well known that the loss of state assets has a great influence to national economy development, meanwhile, many people make a great fortune by taking advantage of the reform, making the above economic crimes, so the author thinks it's necessary to study the cause and the preventive countermeasure of state asset loss. From criminal law aspect, the author summarizes seven-years' judicial practice experience on prosecuting position in this paper, inquires into state assets loss, analyses the cause and the preventive countermeasure to new crimes of embezzling and sharing out state assets in State-owned Enterprise Reform.There are so many different angles on the research of state asset loss. The author has been prosecuting post crimes including a few huge embezzling, misappropriating, sharing out the state asset cases by taking advantage of the reform, since he began to work at the procuratorate in 2003. So the author decides to summarize the causes of state asset loss in State-owned Enterprise Reform from criminal detection point through these cases, at the same time, to explore the better methods of intensifying self-reconnaissance in procuratorial organ by referring to the experiences of post crime prosecution at all times and in all countries.First, this paper indicates the relevant concepts involved with state asset loss, such as definitions and legal characteristics of state assets, as well as definitions of, differences and connections between embezzling and sharing out state assets.Second, on the basis of cause summary of state asset loss, this paper focuses on real state asset loss cases caused by new crimes of embezzling and sharing out state assets in State-owned Enterprise Reform, and emphasizes the important and difficult points in economic crime prosecution of state asset loss cases.The third part of this paper analyses the causes of two different economic crimes, embezzling and sharing out of state asset loss in State-owned Enterprise Reform while elaborating it from two factors, society and human.This paper also includes the compare of different post crime prosecutions at all times and in all countries, and it absorbs, refers to and advocates new judicial ideas for post crime prosecution through analyzing the methods of solving post crimes.At last, this paper points out a better way for self-reconnaissance in procuratorial organ to adapt to State-owned Enterprise Reform, which helps to enforce the reform in order as well as preserves and increases the value of state assets on the criminal law level.