On Crime Of Unauthorized Partition Of State-owned Property

Crime of unauthorized partition of state-owned property is a new charge,which is stipulated by the criminal code of china. the establishment of this charge has strengthened the protection of state-owned property and has reflected the principle legal suitable in crime and punishment in crime and punishment.The object that this crime infringes is a complicated object,namely country to state-owned unit s trust feeling and state-owned property rights.the criminal law theory and the judical explanation to the state-owned property limits existence very many insufficiencies.as to this should be perfect.The objective important document of this crime includes " violates the country stipulates " , " by the unit name " , " the collective private divides " , " the amount is bigger " four aspects.This crime is the pure unit crime. the state organization, the state-owned company, the enterprise, the institution, mass organization s branch office, the agency, temporarily has been established organization.the contract unit all can become this crime the main body.the direct responsible staff and other direct responsibility personnal's scopes should act according to it in the crime status and the function limits.The subjective important document of this crime since can by directly intentionally constitute also can by indirect intentionally constitute.the illegal understanding is not this crime constitution important document.Private divides the essence lies in has no right to process the state-owned poperty.this crime together with the embezzlement should from the criminal intent whether manifests the unit in the will gives to differentiate. '...