Dividing Up State-owned Assets Crime Case Analysis

In State-owned enterprise reform, dividing up the State-owned assets crime abound, the 1997 Penal Code separate from the corruption out of the crime of dividing up the State-owned assets, effective in combating this type of offence. However, with the development of the times, new changes in the form of dividing up the State-owned assets crime: crime subject to diversified development, in the form of non-State-owned units to avoid criminal law; lag caused by the construction of laws and regulations of State-owned assets difficult to define, not to follow; loosely expressed provisions of criminal law and science, to the objective aspects of crime in judicial practice finds differences emerged. The new situation and new characteristics in the theoretical circles and caused wide controversy in judicial practice. This analysis is one of the more typical case.This article is divided into five parts: the first part of the case, this case study is a geo-environmental monitoring case of dividing up the State-owned assets in institutions. Second part of its case, the geo-environmental monitoring in violation of State regulations, illegal business, income-generating income and national savings fund plans projects to its interception set up the so-called "collective" Enterprise Technology Services Center, and then in the form of bonuses paid to employees; acquiring company incorporated in the name of some of the leading cadres of State assets and to turn this company to monitor all of the professional qualification.The third part of the dispute focused through part of the narrative on the merits, that two disputed in this case the focus: (a) the proceeds of illegal business, income-generating State-owned units and national project savings funds belonging to the State-owned assets, and (ii) many of the leading cadres and corruption are common only to a few.Part IV is the analysis and discussion. Through the analysis of dispute focus, in-depth exploration of State-owned unit activities, income and savings funds derived from property, essential elements of the crime of discrimination dividing up state-owned assets and common manifestations in judicial practice and the differences and common criminal acts of corruption, the last comprehensive analysis of the merits, that belonging to dividing up the State-owned assets in the case of an offence.Concluded that the author in the process of analysis and discussion of some views on the constituent elements of the crime of dividing up the State-owned assets, mainly: Determination of the State-owned assets, the author on the basis of analysis of other views, put forward the "criminal law on State-owned assets implementing equal levels of protection and State-owned property" point of view. And "State-owned assets" includes not only legitimate source of income in State-owned unit, should also include the proceeds of illegal income generation similar to the present case. Because they tend to be derived from State-owned units using State resources at its disposal, management of social functions and their associated facilities obtained, should belong to the extension of State-owned assets. "In violation of State regulations" refers to violations of the laws enacted by the NPC and its Standing Committee and decided that State Council provisions of administrative regulations, administrative measures, decisions and orders of the publication. Not only is a violation of the law on State-owned assets management, and a State-owned assets other than the laws and regulations.On "name", I believe that, in addition to leading groups of the collective decision is "name of a unit", the decision of the heads of unit or other authorized personnel also belong to the "name of a unit".On "collective of dividing up to the individual", I believe that this "collective" and "individual" is not a number in the number, but changes in State-owned assets, State-owned assets from State into individually owned firms, has nothing to do with the number of people receiving benefits.On the "large amount" in the "amount", in my view, that has not been dividing up, but losses due to dividing up the State-owned assets to which should also be calculated. In addition, the writer also on State-owned affiliates, functional departments, the Government set up a temporary body can become the subject of crime, dividing up the State-owned assets of State-owned shares, holding companies, payments and accounts in State-owned units and other issues, presented her theory of ideas.Part v, based on analysis results to the above issues and legislative proposals. On the improvement of legislation on crime of dividing up the State-owned assets, have expressed their views: one is the management, operation and use of State-owned assets units were incorporated into the body of the crime to; the second is the perfect system of laws and regulations of the State-owned assets, increasing regulations and local laws and regulations of construction. I tried through the use of criminal law, comparative analysis and other methods, and related disciplines of knowledge on the crime of dividing up the State-owned assets to study these issues. Hope this article can initiate the study of these issues, attracted the attention of academics on these issues, deepening improvement of relevant theory, with a view to the early formation is more mature and unified theory of the problem.