Research On The Subject Of The Crime Of Unauthorized Partition Of State Property

The Crime of Unauthorized Partition of State Property is the new crime, which is in the criminal law 1997 stipulated. The academia of the criminal law always has the dispute, whether the subject of the crime is the unit or the person. Some people think about the unit, some think about the person, but some think that it includes not only the unit but also the person. Generally speaking, the view of the unit-subject (namely the subject of the Crime of Unauthorized Partition of State Property is the unit) is currently the mainstream viewpoint in the academia of the criminal law. The viewpoint of this article is exactly opposite of the mainstream viewpoint.The article's thought is that the subject of the Crime of Unauthorized Partition of State Property is the whole will of the member of the unit, but is not the unit. Because,"collectively decided"Unauthorized Partition of State Property belongs to the whole will of the member of the unit, but is not the unit's overall will. Unauthorized Partition of State Property"in the name of the unit"is materially with the name of unit to seek the personal gains, to injure the goods for own benefits. Moreover, the Crime of Unauthorized Partition of State Property as the crime with intent, its subjective aspect is not actually directly seeking the benefits for the unit, but the member of the unit seeks individual personal gains. The Crime of Unauthorized Partition of State Property as the crime of making profits, the state-unit is not beneficial actually, on the contrary, the benefits that the state-owned unit has or controls are invaded by the member of the unit, and the unit has become the direct victim of the Crime of Unauthorized Partition of State Property. If the Crime of Unauthorized Partition of State Property is belonged to crimes committed by a unit, then, the arrangement for the criminal procedure (whether the unit should be belonged to the defendant) as well as how to resolve the filthy lucre and booty (whether the retrieved filthy lucre and booty should be returned to the unit) and so on, the operations for judicial practice are also puzzled. It's obviously against the original intention, which the criminal law stipulated, namely"conveniently effectively attacking the criminality of the unit".