Research On Difference Between The Crime Of Corruption And The Crime Of Unauthorized Partition Of State-owned Assets

Abstract:The crime of unauthorized partition state-owned assets is a new crime in1997Criminal Law, which is born out from the Crime of Corruption. They are similar in object of crime, objective aspect of crime and subject of crime, so the benevolent see benevolence, the wise see wisdom about the difference between them. However it also has a lot of problems exists in the opinion.How to distinguish them? First of all, the type of subject is different. The subject of Crime of Corruption is natural person, and crime of unauthorized partition state-owned assets’subject is unit. Secondly, the crime purpose and motivation of them is different, the purpose of Crime of Corruption is to meet the personal desires and fill his own pocket, but unauthorized partition not only meet the authorities’desire, it also considers the members’need. Thirdly, the Crime of Corruption is the subject takes advantage of his position to possess the public property illegally by means of embezzling, stealing, swindling and other ways which is hidden in unit; but the crime of unauthorized partition state-owned assets distributes the assets to the employee in name of the unit and it’s open. Lastly, the beneficiary and the published person of Crime of Corruption are always consistent, while the crime of unauthorized partition state-owned assets is separation. The member of unit is beneficiary, but the person directly in charge of the unit and other responsible person who will be published eventually. In a word, the key point to distinguish them is to distinguish the individual will or unit will.