On Crime Of Distributing State-owned Assets Privately

Along with the social economy develops rapidly, the phenomenon of distributing state-owned assets privately is an increasingly serious problem. For attacking the crime effectively and protecting the state asset from loss, 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 and a great many problems have come up in the judicial parctice.This paper mainly discusses the subject and the target of the crime, the determination of the objective aspect and the difference between this and other similar crimes. The subject of the crime of distributing state-owned assets privately including State agency, the state-owned company, the state-owned enterprise, the institution and the mass organization. In some condition, the branch office and the internal organization of all the above units, the temporally organizations constituted by government and the enterprise under contracted management can be the subjects of this crime. The paper differentiates the target of the crime between the stated-owned assets and the stated-owned money and property, and draws a conclusion that the crime of distributing state-owned money and property privately is better. The paper also discusses the criminal behaviors about the distribution of unauthorized departmental coffers, the distribution of money from the crime of bribe taking by a Danwei, the distribution of incomes from the institution and the distribution of profit from many old and useless stuff. The author brings forwards the identification of three questions in handling this kind of legal cases including "in the name of unit ", "seizing privately", "the amount is bigger". The article deals with the standards of defining being criminal and non-criminal, we study the difference between this crime and similar crimes such as joint corruption, transfer state- owned assets into shares at lower price and selling state-owned assets. The author carrys on preliminary probe into the accusation and ecpects a comment or criticism.