Analysis On The Crime Of Dividing Up State - Owned Property

In recent years, academic research on the crime of unauthorized partition of State property continued to deepen; the discussion is also very intense. Author of the charges against the crime of unauthorized partition of State property, the main element, the object element and the administration of justice that such a wide range of controversial issues, for research. Through research, I found that the legislation relating to this crime, there are many problems need to be further improved. First of all, the subject of the Crime of Unauthorized Partition of State Property is the whole will of the member of the unit, but is not the unit. Because, the Crime of Unauthorized Partition of State Property as the crime with intent, its subjective aspect is not actually directly seeking the benefits for the unit, but the member of the unit seeks individual personal gains. Units do not benefit people directly, but is the victim. Actually, the crime is a unit by unit on behalf of members of criminal acts. In addition, the Criminal Law 396, paragraph 1 should be "in violation of state regulations" to "breach of the provisions of state-owned asset management", so as not to adjust the scope so that the crime is too narrow. For the crime of conviction standard must be adjusted appropriately, and it can according to the crime of corruption. Because the object element of the crime are also very complex, I recommend the establishment of a specialized accreditation body, on whether or not to make state-owned assets are identified, the judge in accordance with the conclusions identified by the judge. Finally, I believe that the establishment of the Criminal Code in the case of the crime of unauthorized partition of State property there is no need to set up the crime of dividing property confiscated. Because the two objects and the main crime of the existence of coincidence, and from the charges explained point of view, the establishment of a separate the crime of dividing property confiscated, only the system of charges has been more chaotic. The crime of dividing property confiscated set up that could lead to some criminal acts is not punished or unnecessary punishment once again.