| State-Owned money and property is the substance foundation of market economy of socialism. Its rapid enhancement is the source and guarantee for perfecting and developing market economy of socialism.Since 90s of 20 century, the loss of State-Owned money and property has tended to increase remarkably. The branch's statistic has appeared that losing is at least from 80 to 100 billions Yuan every year. Obviously ,it has been becoming a more and more severe issue, which obstacle the innovation and development of our country. So it is the urgent fact to prevent from that losing effectively and attacking the crime seizing State-Owned money and property secretively.At present, there is some puzzlement of the crime of seizing secretively State-Owned money and property in practice of justice. It is related to the ambiguity not only in law but also in justice commentary. The academe has made various research and discussion of it. Since the ordination of the criminal law, the debate is still, about which is the nature of the crime, natural person crime or unit crime. Some problems need to be solved immediately such as the clarifying definition of State-Owned money and property, the scope of collectivity, in the name of unit's illegally and the partiality of the register standard. In this thesis, the author tries to make some discussion about those aspects.The article introduces the transformation and legislative meaning of the instauration about the crime of seizing secretively State-Owned money and property at first. The method of economic analysis has been used to analyze the cause of the crime. Secondly, the article states the accusation and definition the nature of the crime as the unit crime. Some certain chapters has been composed to qualify the main body of, the subjective aspect and the objective aspect of the crime. Especially to the subjective aspect, the thesis introduces some standard of "in the name of unit","seizing secretively". At last, the discrimination between the crime seizing State-Owned money and property secretively and other crimes. |
