Owned Assets And The Crime Of Research And Analysis

Unauthorized partition of national assets not only severely destroys the management and protection of national assets, but also corrodes the economic base of our country, deviates from the uncorrupted request for Government staff and damages the visualize of Government and China Communist Party, it's a corrupt behavior with severe social harm, and it should deserve corresponding punishment. In the meantime, there's big disputes about subject body, details of crime and judicial cognizance for the Crime of unauthorized partition of national assets in the field of Criminal Law of China, which leads to controversy during judicial practice.Regarding the subject body of this crime, there are three main viewpoints: subject body of natural person, dual subject body and subject body of state-owned enterprises and institutions, which lead to confusion in the field of criminal law theory and judicial practice, and go against the protection of national assets. From the aspects whether the partition behavior figures benefits for staff and whether the criminal subject body is natural person or state-owned enterprises and institutions, it can be seen that the subject body of this crime should be natural person, namely the direct responsible governor and other direct responsible people.Concerning the details of this crime, there's big disputes in the fields of dividing national assets and partition behavior. As for the scope of national assets, the《Criminal Law》and《Temporary regulation of dividing the ownership of enterprises national assets》has some relevant stipulations, however, it still can't completely and briefly specify national assets. According to relevant items of law and judicial practice, national assets should be described as: The administrative appropriations and investment funds for State-owned departments, enterprises and institutions and the funds should be turn in financial revenue. The disputes about partition behavior focus on the aspects of "in the name of state-owned enterprises and institutions" and "unauthorized partition to individuals by collectivity", The disputes about "in the name of state-owned enterprises and institutions "is whether the behavior not made by collectivity can cognize as behavior of state-owned enterprises and institutions. From the view of headship, besides the behavior made by collectivity, the behavior made by individuals with headship should also be cognized as behavior of state-owned enterprises and institutions. The disputes about "unauthorized partition to individuals by collectivity" focus on the partition scope, qty. of involved people and definition of individual. Through comprehensive research of cases of unauthorized partition of national assets and study of Criminal Law theory and practice, it can be seen that the partition mode is always in the name of bonus and labor charge, etc., also the partition people should include other people besides the leading collectivity.In the aspects of judicial cognizance, author mainly differentiates this crime with overissue bonus, certain business behavior, corruption crime and unauthorized partition of confiscatory property. As for the cognizance of this crime, so far it's cognized by total partition amount, however, it takes total amount and individual amount as dual criterion in practice; with regard to the involved funds of this crime, there's also disputes about whether the Procuratorate should recourse it, but the recourse doesn't mean punishment, punishment should be carried out by relevant department after judgment goes into effect. In the end of this article, writer gives some advices about the legislation of this crime, in the hope of giving a hand to its improvement.