The Relationship Between The Crime Of Unauthorized Partition Of State-owned Assets And The Crime Of Corruption

State-owned Assets isan important pillar of our national economy,with the rapid development of China’s economy since the reform and opening up, the size of state-owned assets keep growing.But the status of lossof state-owned assetshas intensified, in which parting owned assets and the phenomenon of corruption is the main cause of loss of state assets.Criminal law, as the last barrier to protect state-owned assets, should have a sound specification to protect the legal interests. In order to protect the state-owned assets, the Crime of owned assets was added in 1997 revision of the Penal Code, to torture the behavior of parting the state-owned assets.Legal punishment of unauthorized partition of state-owned assets is far lighter than Crime of Corruption, both incriminating standard sentencing range differ faraway. The thesismainlyanalyzes the aspects of the illegality, responsibility, the need for general prevention. The reduction the legal punishment of sin Unauthorized Partition of State-owned Assets, I think, results from difference of the responsibility and the need for general prevention between the two crimes. On the level of illegality, two crimes are property assault legal interests of state-owned assets and non-abuse of power, actually the illegality of owned assets has not mitigated; onthe responsibility level, compared to subjective content of "for their own selfish interests of corruption, Unauthorized Partition of State-owned Assets, because of its" altruistic "leaving the responsibility to mitigate; in general terms of the need for prevention, corruption behavior because of its lower cost, relatively hidden, more difficult investigation, determines relatively heavy penalties for corruption, thus increasing the necessity for general prevention of corruption crimes.Although there is no difference in illegality between the Unauthorized Partition of State-owned Assets and Crime of Corruption degree, that does not mean two crime own completely same objective facts.The Unauthorized Partition of State-owned Assets and Crime of Corruption both have their own characteristics in the subject nature, objective facts behavior,subjectivementality. In the crime of the Unauthorized Partition of State-owned Assets, the criminal nature of the main unit, dividing behavior means, large number of profit owner, similar dividing the amount and other subjective factors, are directly or indirectly reflect the perpetrator’s subjective state of mind of "altruistic".It indicates the extent to reduce the degree of liability; conduct openness indicates that crime prevention is generally reduced necessity.In the Crime of Corruption, corruption means, the initiative ofprofitable member, the subjective content, are reflected in the behavior of the subjective state of mind of "egoism" feature, show greater responsibility; covert action means that crime prevention is generally necessary increases.When the boundaries between the Unauthorized Partition of State-owned Assets and Crime of Corruption blurred, if the perpetrator has the subjective and objective elements which show a general responsibility reduction or the need for general prevention, we should convict it as the Unauthorized Partition of State-owned Assets; on the contrary, if the perpetrator have subjective and objective elements show a great liability or he need for general prevention, we should declared it as the Crime of Corruption.