On Owned Assets And Sin,

State-owned assets, the important property of the country, the backbone of the national economy, are extremely vital to the socialist countries in which the publicly-owned economy occupies the leading position. However, the state-owned assets have been greatly draining off in recent years. Crime of unauthorized partition of state-owned assets is a new crime which was added to the rivised criminal law in 1997, upon which there are many disagreements among the criminal circle. This article forcuses on some issues about the name, the concept, the constitutive features, the judicial determination, the legislation and judicial perfection of this crime. The whole article falls into five parts:Part One: A general introduction about the legislative process, the background, and the determination of the crime of unauthorized partition of state-owned assets. In this part, the article analyzes the various theoretical understanding of it in the criminal circle; clarifies the necessity of establishing this crime.Part Two: The name and the concept of this crime. There are still many disagreements among the criminal circle about how to determine the crimes in article 396 in the Criminal Code. The author of this article holds that the two provisions in article 396 of the criminal law should be regarded as one crime-crime of unauthorized partition of state-owned assets. The reason is: the first provision is the core one while the second is only a "care provision" which is included in the first one. As for the concept of this crime, there are mainly three different viewpoints among the criminal circle, in which the author agrees with the viewpiont of the majority and the interpretation of the procuratorial organizations, ie, "the crime of unauthorized partition of state-owned assets refers to acts of state organization, state company, enterprise, government-sponsored institution and people's organization violating national rules by collectively distributing large sum of state-owned assets to individuals in the name of the unit. "Part Three: The constitutive features of the crime. In this part, the article first expounds that the criminal object of this crime is the ownership of the state-ownedassets which is not complex object but simple one, that the target of this crime is the state-owned assets, which is movable and distributable, and it should be separated with state property, collective property and public property in the determination, that it should be strictly determined whether the private income of an office, the added value of the state-owned assets, the illegal income of a state organization are the target of the crime or not. Then the article discusses the four important conditions constituting this crime: act of violating the national rules; exerting the act in the name of the unit; collectively distributing the state-owned assets to the individuals; in large sum. The article points out that we should put more weight on the last one, that it is crime of a unit, not that of a person, in which the criminal subjects are state organization, state company, enterprise, government-sponsored institution, people's organization. The article also anyalyzes the subjects respectively. In the end of this part, the article points out that this crime takes on a subjective intention of directness.Part Four: The judicial determination of this crime. In this part, the article first deals with the standards of defining being criminal and non-criminal, committed and uncommitted of this crime; then it goes on to talk about the differences between this crime and other crimes such as corruption, crime of misappropriating public funds, etc; in the end, the article discusses the determination of the act of abusing the state-owned assets in the form of collective consumption.Part Five: The legislation and the judicial perfection of this crime. The author of this article thinks that the amount for the sentence of the crime should be clarified because the provision is not specific; the subjects should include the sub-sections and the...