The Study On The Crime Of Privately Destributing The State-owned Assets

Since the reform and opening up of China, our comprehensive strength continuously increased, the total amount of state-owned assets is also rising, and the economic growth is bound to be the hotspot of the crime. So we can often see the behavior of distributing the state-owned assets privately. In view of this situation, our country add the crime of privately distributing the state-owned assets in the criminal law revised in 1997 in order to realize the principle of legality and strengthen the protection of state-owned assets. The establishment of this crime in more than 10 years ago has played a positive role in controlling this situation. As a police officer working in the anti-corruption Department in procuratorate, I was pleased to see some criminals who distribute the state-owned assets were restrained by law, meanwhile I feel worried and confused. I have been engaged in anti-corruption investigation for many years, and have been in charge of many clues of dividing the state-owned assets, but during the course of investigation, I am confused about the problem of the application of law, and sometimes failed to continue the investigation due to the identity and the affirmation of the state-owned assets. Although we have used some advanced technical detection methods, it is useless in this field. So I choose this topic as my thesis in order to find the crux of this problem. I have read lots of articles including more than 70 articles on the internet and more than 10 books on the crime of dividing up state-owned assets. During this course of research, I come to conclusion that the cause of the crime of distributing state-owned assets privately lies in legislative defects. The author combines the problems of the judicial practices and constitutive elements, finds that the crime object definition, similar charges and penalty legislation need to be perfected and the crime object should be recognized as a natural person, and national endowment of institutions should be made clear, in the end this thesis fully combines the theory and the judicial practices.This paper is divided into five parts, the first part is concerning the legislative history of the crime of privately distributing state-owned assets as well as the crime causes of the crime . The second part is concerning the elements of the crime of privately distributing the state-owned assets, the first is that the object of the crime is a composite object and finally makes a comprehensive analysis on the scope and recognition of the crime object. The second is about the discussion of the objective aspects of the crime. The third is about the subjects of the crime, and conclude that the crime of privately distributing the state-owned assets is a pure unit crime in accordance with the law. The fourth is about the subjective aspects of this crime believing that the subjective aspects are direct intention and embody the overall unit will. The third part of this paper is concerning the discussion of crime with the non-crime, this crime and other crime differences. The fourth part is concerning the difficulties of the application of this crime and come to conclusion that the rules of the crime object, the definition of the crime subject, the similar crime recognition and the application of the penalty of this crime need to be perfected and in my paper I come up with some primary viewpoints.