Owned Assets Crime

Crime of dividing up sate-owned assets is a new accusation, which was added intothe specific provisions of criminal in law1997. It is a significant step to set up thisaccusation and is meaningful to avoid the loss of state-owned assets. But in the judicialpractice, because of lacking relevant laws and many other reasons, it is very difficult todeal with such legal cases. This thesis makes a study on the crime objectiveperformance, the main body of this crime, the determination of judicial. This thesis isdivided into four parts.The first part is the object of private divided the state-owned capital crime. Thiscrime object is the state asset. The author has carried on the discrimination to the stateasset meaning and discussed the "little strongbox" property, the added value of stateasset and the crime who used, managed and transported in the state-owned unit.The second part is the objective behavior of the crime who privatly divided thestate asset. To the crime objective performance, the author has discussed "violates thecountry to stipulate", "by the unit name", "the collective privatly divided individual"and so on. In "violates the country to stipulate", it should make the generalizedunderstanding, it is concrete or abstract relation with this question in Criminal Law96th. The author has analysed the violating which stipulated to the country includingprohibited stipulation and authorized stipulation. In "by unit name", it reflect the unit'swhole consciousness and will. The author also make a elaboration about this question.In "collective privately share for individual", the author has make a analyzation of thecharacter of this conduct. The author considered there is commitment when someoneseparated to staff or the over whelming member or the small number in exceptionalcases.The third part is the main body of privately divided the state-owned asset. In thispart the author firstly dealed with the standards of unit crime or natural person crimeand the asloconsidered it is unit crime. Secondly, in the question of main body's scopeanother pointed out his viewpoint about the state-owned holding or share-holdingenterprise, the named limited company which is actually state-owned company, unit brach office and the organization of this government. Thirdly the author carried on thediscussion to the crime who directly or indirectly charge in this things.The fourth part make confirmation of the privately divided conduct. The authormade a definition of the crime and the non-crime and distinguished of this crime andthe common crime of corruption. In the end, the author made a depth consideration ofthe committed standard about the amount of privately divided.