The Research On The Crime Of Unauthorized Partition Of State Property

The crime of unauthorized partition of state property is a new kind crime that is added in the 1997 revision of Criminal Law, the establishment of the crime is aim at loss of state assets is increasingly serious in recent years. Also, it is reinforced protected for state assets and implement the principle of a legally prescribed punishment for a specified crime has very important meaning, have finished basically the situation that strike unauthorized partition state property behavior lack legal basis in judicial practice. The dissertation has synthesized utilization historical analysis method, dialectical analysis method as well as case analysis method, pass for the research of related problem in crime of unauthorized partition of state property, have pointed out the existence defect of it in the criminal law of our country and put forward own view to perfect for legislation. Besides introduction, the dissertation consists 5 parts.The chapter one is the summary of unauthorized partition of state property crime. In this part, the author discusses the definite of charge as well as the legislative evolution of the crime in detail, and are expounded and proved fully for the foundation and meaning of legal principle that in the crime. This part plays a fundament role in the dissertation.The chapter two is that the basic constitutive elements of the crime. In this part, the author justified the hot spots in theoretical circle, discussed the scope of state assets, criminal object and subject of crime as well as the problems such as criminal subjective aspect etc.The chapter three is the criminal pattern of the unauthorized partition of state property crime. The content of this part includes preparation for crime, discontinuance of crime and attempt of crime.The chapter four is the determination of the unauthorized partition of state property crime. This part distinguished the unauthorized partition of state property crime between some other similar crimes such as the crime of corruption etc.The chapter five is perfection of legislation to the unauthorized partition of state property crime. Due to the defect of legislation, the article advises properly enlarge the scope of subject of the crime, united the charge of the unauthorized partition of state...