Criminal Law Protection Of The State-owned Assets

The state-owned assets is the basic conditions to support the survival and development of Chinese,is the material basis of the survival and development of social system,is our country's fundamental. Currently,it is an extremely serious phenomenon in our country modernization that the state asset has been run off The reasons that cause the loss of state assets are many ,one of them is the state-owned enterprise management system are immature and imperfect. Some people utilize the loopholes of the state-owned assets management system to corrupt,invade,divide privately the state assets, these criminal acts deterioration the loss of state assets. Therefore, it absolutely need to strengthen the criminal law of state assets protection,to research the classification of the loss of state assets crime from the criminal law point of view,discuss some controversial issues in judicial practice and put forward countermeasures,construct a tight state-owned assets criminal law protection system.In the first part of this paper, it first briefly reviewed the relevant policies of state-owned assets in China;Then it described the criminal law protection and non-criminal law protection systems of China's state-owned assets , briefly reviewed the existing system of legal protection of state assets;Finally, it dialectical analysis the special protection of criminal law to China's state-owned assets , thought that it is not contrary to the principle of equality before the law for the Criminal Code's differential protection of the public economy and non-public economy ,it has reality reasons for the Criminal Code pay more attention to the public economy than the non-public economy.In the second part of this paper,it studied some theoretical issues of the criminal law protection of the state-owned assets. First,it identified the state-owned assets of criminal law sense by defining the concept and scope,shape and type;This was followed by a brief description of the status quo of the loss of state assets in China, the concept and the way of the crimes which run the state assets off. Once again, it summarized the criminal law reasons of the serious loss of state assets;Finally,this article pointed out the basis and significance of the protection of criminal law to state-owned assets,combed in details all the categories of the crimes which run the state assets off.In the third part of this paper , this article discussed some controversial issues on the crimes which run the state assets off in judicial practice. Some main outlines of these crimes such as: the "state" restrictions of the main body of article 165-169 of the Criminal law , the main body of similar illegal operation of the main business scope of the definition of the crime; the nature of some controversial property such as : whether the receivable accounts (claims) be the crime target of the embezzlement crime;some behavior's quality such as :the quality of corruption"for the public"and concealing the state-owned assets into new company; some other hard problems in judicial practice such as: how to understand "national interests suffered a major loss" in dereliction of duty which run the state assets off.In the fourth part of this paper,on the basis of analysis and aggregation for several parts of the former, this article made some recommendations on improving the protection of the Criminal law on state-owned assets. First of all, we should strengthen the coordination of the two systems——the protection of criminal law and non-criminal law to the state-owned assets; Second, we should make the law more closely, adjust the charge of crimes which run the state asset off: add a comprehensive charge——the crime of breaking faith, set "state participation of companies and enterprises"as the main body of the crime on article 165-169 of the Criminal law, etc.; Once again, standardize the application of criminal penalties of the crimes which run the state assets off from the following two aspects: upgrade the penalty rate of the crimes which run the state assets off such as the crime of huge amount of property of unknown origin, enlarge additional scope of the criminal punishment; Finally, adjust the relevant provisions of the protection of the Code of Criminal Procedure to state-owned assets.