Research On Crime Of Partition Without Permission Of State Property

Crime of partition without permission of state property, which is a hot-issue discussed in criminal jurisprudence field these years, is a brand-new crime issued in Criminal Law Version 1997. Within this dissertation, author shall make a full analysis on the constitution of the crime, its criminal pattern and punishment.Chapter One is the summarization of Crime of partition without permission of state property. Author deems that the crime which origins from social root, is the consequence of conflicts in interests between state-owned enterprises and the nation. After reviewing the process of legislation, author analyzes two purposes of the crime existence, one is the need of protection state-owned property, the other is to provide an imputation and punishment for the certain actions of partition without permission of state property. To overview the future of the crime in the conditions of China entering WTO, author doesn't believe that it exclusives from the rules of WTO, and shall be in existence in criminal law field for a considering period as well.Chapter Two is the analysis for the important constructive conditions of the crime. During analysis of objects, author poses the invariableness of state-owned property. In analysis of subject of crime, which on the basis of confirming state-owned enterprises is the solely subject, author considers that state-owned stock in mixing system enterprises, which shall be concluded in the subject of crime suggested by the author, is state-owned property, too. In analysis of subjective aspect, author forwards that the crime shall be direct intention and concludes of indirect intention of responsible personality as well. In analysis of objective aspect, author forwards that local regulations, government rules and regulations are the extension of laws. In case that existing conflicts among them, court shall be find responsible personality criminal liability.Chapter Three is the analysis to the criminal pattern. On finding circumscription of accomplished or not to the crime, it shall depend on the rights and interests of the crime, considering on the moment of losing control to state-owned property. On quantity of crime, the crime has independent concurrence with crime of partition without permission of seizure property; has intercross concurrence with crime of irregularities for favoritism selling state-owned property; has including concurrence with crime of misuse of authority of enterprise personality; has fancy concurrence with crime of corruption.Chapter Four is the analysis to the punishment of the crime. Focusing on circumscription of two subjects. Make different criteria of circumscription according to their responsibility. Author deems that direct responsible governors, who are leaders or vice-leaders of state-owned enterprises, shall be found criminal responsibility no matter direct intention or not; whereas direct responsible personality shall be found guilty only if having the responsibility and direct intention in the same time. The closing of enterprises has no affection to go behind of responsible personality.