The Analysis On Mr.jiang's Case Of Privately Dividing State-owned Assets

China's economy has been booming since the reform and opening up,the state-owned assets are more and more strong,but because of the l agging legal system and supervision is not in place,and the type of crime associated with economic development is also increasing,seriously interfere with the national economic system Of the normal operation,affecting the protection of state-owned assets.In 1997,the Penal Code increased the crime of privately dividing the state-owned assets,and the controversy in the academic and judicial practice of the crime never ceased.From the beginning of investigation to the end of the final trial of the diffe rences continue,control,debate,the trial are given their own three points of view: there is that constitute a crime,that is,Or that Mr.Jiang constitutes a crime of corruption,or that Mr.Jiang constitute a crime of private ownership of state assets;a lso suggested that the composition of several crimes,holding the view of the situation is more complicated,around the crime of privately owned assets,corruption,Power crime constantly put forward new understanding and view;Some people even argue that the act is just a disciplinary offense,is a bonus,allowance behavior.Different opinions,no agreement.From the analysis of the focus of the controversy,I first elaborate the elements of the crime of privately dividing state-owned assets,and then discussed the crime of privately dividing state-owned assets and corruption of the same points and differences,given the case of Mr.Jiang divided into state assets The crime of private ownership of state-owned assets Mr.Jiang crime of corruption and crime,Mr.Jiang private behavior at the same time violated the crime of privately dividing state assets and abuse of power,are imaginary competing offenders,choose a felony punishment.Based on this crime in the theoretical and practical circles there are a lot o f differences,the paper also proposed to improve the relevant legal interpretation of the idea of a simple solution to the problem of misappropriating state-owned assets of the crime,hoping through the case Research and analysis to provide a convincing b asis for judicial practice.