Study On The Judicial Cognizance Of The Crime Of Dividing The State-owned Assets

Because of the reformation of state-owned enterprises,the improvement of the mixed ownership enterprises system and the establishment of modern enterprise system,as well as the vague definition and scope of “state-owned assets” judicially,it leads to a very different cognizance of assets.Moreover,the innocent one will be defined as a crime due to the inaccurate definition of assets and objective manifestation.Mixed ownership enterprises will often appear the similar problems in the production process of business.This thesis attempts to analyze whether such behaviors constitute a crime or not by an example of “the crime of unauthorized partition of Mr.Wang”,and define the nature.This thesis consists of four parts to elaborate on the issue.The text has more than 20000 words:The first part: the basic situation of the case.This part will make a brief introduction of the case and then conclude the different opinions and contentious issues.Based on these results,it provides the factual basis.The contentious issues mainly include: whether the property privately divided by Mr.Wang is state-owned assets or not.As a mixed ownership corporation,whether the company B be the object of he crime of unauthorized partition.Whether the behavior,which issues fiscal funds to the authorized persons worked in news center,violates the state regulations and judges the action fashion.The second part: the jurisprudence analysis of the related issues.This part analyzes the accusation from the constitutive requirement of the crime of unauthorized partition.Firstly,it defines the concept of the crime of unauthorized partition from objective aspects.By understanding the legal contents of “state-owned assets”,it discusses the determination of assets using the criminal presumption.On this basis,it discusses the legal problems faced by enterprise's assets.Secondly,starting with the main body,the paper expounds whether the crime of unauthorized partition is the unit crime and whether the enterprises or companies be the object of the crime.Also,it makes a distinction between the other companies which have committed such crimes.Finally,through the analysis of the objective behavior level,the article sums up the behavior nature of royalties and bonuses distributed collectively,so as to make a better definition of the crime.The third part: the analysis and conclusion of the case.This part synthesizes the analysis above reasonably come to the conclusion: the royalties,bonus and funds distributed by company B come from the independently operate company,not state-owned assets;in addition company B has the completely independent operating autonomy carrying out business.The funds is not involved in the state-owned assets,so it can not be considered as a state-owned company;as the leadership,Mr.Wang's allocating royalties and remunerating bonuses are following the old routine.Although violating the local regulations,the behavior meets state's admission standards.In conclusion,Mr.Wang does not constitute of the crime of unauthorized partition.The fourth part: the enlightenments of the study.By analyzing the reasons of this kind's cases,the thesis summarizes the principles,namely modesty principle,followed when handles the characters of state-owned assets bound,the state-owned business and the mixed enterprises.It should fully consider the elements of the characters and illegality of state-owned assets,state-owned enterprises and mixed ownership enterprises,in order to provide assistance in the judicial practice.