Loss Of State Assets Crime Research

Currently, it is an extremely serious phenomenon in our country that the state asset has been run off. The management system of state-owned enterprise is being at the deepened reform stage, many systems are imperfect, which caused the supervisor , the user, the occupier of the state asset to utilize the system's loophole to invade, divide privately the state asset, or the abuse of power created the state asset massively to drain. There are much criminal behavior which endangers serious society, thus, it is necessary to research the crimes which run the state asset off in the angle of criminal law, investigate the reason which this kind of crime produces, to propose the hard problem in judicial practice and construct a tight system of the criminal law and regulations, thus, the state asset would have been protected comprehensively. The criminal law of our country which has been put into effect in 1997 have stipulated a series of charges that is relevant to the state asset's drain, but regarding criminal law's protection of the state asset, there are many problems in the legislation and the judicial practice.Regarding this proposition of the state asset's drain, the different person can have different research angle. This article first defined the foundational concepts in the crimes which run the state asset off, thought that in our country criminal law "the state-owned property" and "the state asset" should be the identical concept. All the drains of the state asset definitely are loss of the state asset, but all the loss of the state asset is not drains of the state asset.Next, after grasping firmly the present situation of crimes which run the stat asset off, this article summarized the way of crimes which run the state asset off, analyzed the subjective reason, the economy management system reason and the criminal law reason of rampant crimes which run the state asset off.The third part of this article combed in details all the crimes which run the state asset off in our country criminal law. Crimes which run the state asset off is not an independent charge and a kind of crime, but a series of crimes which divides by the crime object. According to the content of the state-owned property, there are 22 charges of the crimes which run the state asset off in the criminal law that has been put into effect in 1997, then this article paid attention to its recent development in the amendment (6) bill of the criminal law, divide it into there kinds and briefly narrated the characteristic constitution of every crimes.Aiming at the current judicial practice, this article also gave some judicial hard problem processing comment, such as the behavior's quality of concealing the state asset in the state-owned enterprise's convert ,the standard of the embezzlement crime in the state-owned enterprise's convert, the distinction between the charge of illegal seeking money for the relatives and friends and the embezzlement crime, the boundary between the charge of private dividing the state asset and in disciplined sending the bonus, setting limit to "the relatives and friends" in the charge of illegal seeking money for the relatives and friends.Finally, on the basis of grasping the present situation, combing the law and regulations, analyzing hard problem in judicial practice, this article thought the charge of crimes which run the state asset off should be adjusted, add a comprehensive charge: the crime of breaking faith; using the crime of privately dividing the state asset to contain the crime of privately dividing confiscation. Further pay great attention to the criminal law system's coordination, make the crime of falsely reporting the registration capital absorbs the crime of falsely investing, make "playing favorite" as a aggravated plot not a constructive plot for the 410th article of criminal law, set the company, the enterprise as the main body of the crime of pulling out the investment away, enlarge the crime of falsely registering and pulling out investment away punishment scope, replace "the relatives and friends" in the crime of illegal seeking money for the relatives and friends with "the other people" ,enlarge the main body of the crime which doesn't collect tax or collect little tax because of playing favorite ;bring the action of negative clear accounting and impairing clear account in advance into the crime category, additionally stipulate other behavior of impairing clear account. Additionally build the punishment which deprives offender qualifications in the penalty.