| In 1997, criminal law added a new crime named dividing state-owned assetssecretly, there are some disagreements academically about the nature of this crimeand the compositions of this crime which lead to some wrong applications of thiscrime which threatens the security of state-owned assets and legitimate right ofdefendants.This paper goes into deep research of the nature of this crime and thecompositions of this crime based on substantial examinations ,comparative analysisand generalization combined with a lot of cases.First, this paper upholds that this crime is of a crime committed only by a unit,based on this conclusion, this paper explores further the compositions of this crime.This paper holds as follows on the compositions of this crime: (1) This paper defines the concepts of criminal objective composition andcriminal object, the former is a part of compositions of a crime and this paper holdsthat the objective component of this crime should be ownership of state and theinstitutions of state non-corruption. This definition contributes to know the corequality of this crime.(2) This paper holds that the objective compositions of this crime contains someindispensable components. based on the fact that in some cases only some membersof a unit divided the state-owned assets, this paper presents that "a unit divides thestate-owned assets to individuals" should include the case that only divides to oneindividuals. The criminals only including people in charge and some others withdirect responsibility who commit the act of dividing the state-owned assets whichalso meets the requirements of the crime of embezzlement;If the people commitssuch an act with a goal to meets his or her personal desire, this act should beconvicted as embezzlement, if not, should be convicted as crime of dividing thestate-owned assets.(3) This paper holds that the subjective component of this crime has two types:one is state organizations ,state owned company and public institution;another is anatural man inside a unit .(4) This paper holds that the subjective components are direct and indirect intentwhich is the intent of the unity. Based on this, this paper presents to define theboundary between this crime and the crime of abuse of power.Besides, this paper goes further on research of state-owned assets and stateowned company, especially, presents some elementary opinions about former illegalgains by unit;and also presents some opinions about the crime committed by insidedepartment or subsidiary of a state owned company. |
