Study On The Judicial Identification Of The Crime Of Dividing The State-Owned Assets

The state-owned assets is an important part of our national economy, is the embodiment of comprehensive national strength, with the development of economy, the state-owned assets increased rapidly, but the problem of the loss of state-owned assets has been increasingly prominent. This paper is closely linked to the crime of dividing the state-owned assets of the constitution of crime, judicial determination of the in-depth analysis of the problems of the crime of dividing the state-owned assets, and put forward some suggestions to perfect this crime.This paper is divided into the following five parts:The first part, an overview of the judicial cognizance of crime of dividing the state-owned assets. This part of the development concept, for the crime of dividing the state-owned assets of the legislative background, the charges of the comb, and the scope of judicial identification are described, and then focuses on the basic situation of our country at present in the judicial cognizance of the crime of dividing the state-owned assets. The second part, the crime of dividing the state-owned assets of the criminal object and objective aspect of the crime cognizance. The crime of dividing the state-owned assets is a violation of the complex object, this part will focus on the object of the crime, mainly elaborates how to state-owned assets identification method and judicial personnel identified the state-owned assets appraisal views; and from the "violation of state regulations", "in the name of unit partition", "collective of dividing up to the individual" and other aspects of the crime objective discuss. The third part, the cognizance of criminal subject and subjective aspect of the crime of dividing the state-owned assets. The first part of this crime in the nature of what is the crime of natural person or unit crime analyses the academic point of view, is a unit crime point of view; it focuses on the state-owned holding, shares the company cannot become the subject of the crime, branches and departments of state-owned units can become the subject of the crime, and the crime of torture the main analysis. As for the subjective aspect of the crime should be expressed as intentional, including direct intention and indirect intention can be. The fourth part, the definition of the crime of dividing the state-owned assets and corruption, junk bonuses, welfare behavior. The joint corruption crime of dividing the state-owned assets is born out of the crime of embezzlement in judicial practice, it is difficult to distinguish, in addition to a region on the subject of crime, object points, also altruism should subjectively and openness and secrecy of egoism, the objective behavior of crime to distinguish two. Lines between the crime of dividing the state-owned assets and junk bonuses, welfare and other financial discipline is easily confused, to judge from the two aspects of the analysis in violation of state regulations, the substantive and procedural. The fifth part, perfect the crime of dividing the state-owned assets advice. Through the preceding analysis, aiming at the existing problems of the crime of dividing the state-owned assets, put forward the perfect suggestions from the charges set, the basic concept, the amount of crime etc.