The Conviction Research On The Crime Of Unauthorized Partition Of State-owed Assets

1997Penal additional crime of owned assets, the offense since the enactment of both theory and practice, there are considerable differences in the subject of a crime, the subjective aspect and objective aspect, which resulted in the handling of many cases, difficult to reach a unified views, but also affect the correct handling of the case. Around the main body of the crime of owned assets, the fundamental problem of the subjective aspect and objective aspect, combined with the theory of criminal law and judicial practice case studies. This article consists of a preface and text containing four parts.The first part, owned assets Crime Subject Research. To explore the nature of the subject of the crime of owned assets. Below in units of the will, that is based on a natural person,"said a body" and "the’principal said" Game, I finally selected through a detailed argument for the subject of the crime is a unit or natural disputed "the principal said" the intentional understanding the content and patterns of crime exist differences between the possibility that natural persons should constitute the subject of the crime, not just the subject of criminal. Second, the combination of the theory of criminal law to discuss judicial practice in the particular subject can become the subject of this crime to solve some of the problems identified by this crime, which in the main.The second part, the subjective aspect of the crime of owned assets identified. The crime of intentional or negligent, indirect, intentional or direct intent, there is some controversy; the intentional theory and error on the context, to discuss awareness inconsistent case dispute, to expect to achieve given the subjective aspect of this crime effect divergent ended indisputable.The third part, owned asset sin objective identified. The part of a core of this paper, the theory and practice of dispute sharp. Connotation and extension of state-owned assets has been in a more vague about the object of the crime, they cited a special form of property can become a judicial practice of this crime objects subject to review, and ultimately clear the scope of the state-owned assets. At the same time, the elements of this crime to perform any act rather controversial, such as the name of the unit "," collective distributed privately to individuals "," large amount or a huge "," violation of state regulations "and other related content become difficult cases the focus of controversy. In this paper, it is through in-depth analysis, they were to be positioned, trying to provide a reliable theoretical support for the judicial practice finds this crime.The fourth part, the crime of owned assets with an approximate count of Discrimination of. Judicial determination difficult cases, except for the owned assets sins the thought itself constitute Element Assertion difficult, it is often confusion between the approximate charges led to this crime identified on the plight. This article will be selected to approximate the number of charges and the crime of owned assets to be distinguished compared to clarify the boundaries of this crime and other crimes.