Owned Assets Crime

The crime of distributing state-owned assets privately is supplemented in the amended 1997 penal code. However, there exist many of controversies in the circle of criminology about this crime. A great many problems have come up in judicial practice, and fewer cases concerned have been settled as well. This paper mainly discusses the problems of this crime that are confronted with in juridical practice and the difference between this crime and other similar crimes. This paper includes four parts.The first part is concerned about the crime objects of distributing state-owned assets privately. With regard to crime objects, typical arguments are analyzed and compared and then conclusions that the crime objects are ownership of state-owned assets and the probity on the duty of state staffs are arrived at. Moreover, following problems of the crime objects, such as limits between the concepts of state-owned assets and state-owned property, whether state-owned assets must be obtained legally, if business assets of which state-owned corporations possess shares and private property managed and exploited by state-owned units are the crime objects.The second part is concerned about the crime objectives of distributing state-owned assets privately, such adoptive problems as violation of state stipulation, in the name of the units, collective embezzlement of state-owned assets, whether all of those involving in collective embezzlement are responsible, calculation of the amount of state-owned assets being embezzled, gap between the amount state-owned assets being privately distributed, whether items in the new criminal law about larger amount in this crime should stipulate the extent of amount obtained by individuals.The third part is concerned about the crime subjects. Regarding crime subjects, firstly, various viewpoints in the circle of criminology are reviewed and the conclusion that the crime subjects are double subjects is reached. Secondly, reasons for the conclusion are illuminated and unit types adoptive to this crime are further studied, including judicial adoptive problems about if temporally organizations constituted by governments and truly state-owned corporations in the name of corporation of limited liability are the subjects of distributing state-owned assets privately crime and about...