Owned Assets And The Crime Problem

The crime collectively divide up state—owned assets in secret is a newly added crime by the criminial law revised in 1997 for inforing the administration of state_owned assets. this article mainly elaborated four aspect questions on this crime: Private divides the state asset crime the main body, the crime object, the objective aspect and this crime punish the standard the penalty consummation.About this crime subject of crime, has the natural person crime theory, unit crime theory, but also has the dual main bodies to say .This article and private is divided the state asset crime from the unit crime connotation the crime will, the objective behavior and the profiting object looked that, this crime is the unit crime.Private divides the state asset crime the crime object namely state asset to be already different with the state property is also different with the crime of corruption crime object public property.And unify the criminal law according to the State Council State asset Control section's limits to establish the object which this crime protects, took the crime object the state asset, only is refers to the country to obtain legally and to recognize, the country by each form to the state-owned company, the enterprise investment and the investment income, the country to the administrative organ, the institution, the mass organization allocation and so on the property which forms. Divide secretly state-run assets guilty objective respect different from he guilty most obvious characteristic to divide secretly behavior have collective will nature, let most people of unit benefit from most people of unit. Can be divided into a dividing secretly type directly, set up dividing of the departmental coffer secretly type, extracorporal circulatory system dividing secretly type, related trade dividing secretly type, shifting dividing secretly type five types of state-run assets illegally. In addition, should also consider dividing the scale, behavior motive, indirect economic losses of state-run assets, secretly in declaring the measurement of penalty guilty. Social influence of criminal offence,etc..