| The crime of privately dividing state assets is the newly established offense of the criminal law,which is born out of the crime of corruption.As the two in the object of crime,the objective aspects of crime,subjective intentions have similar places,so the theoretical distinction between the two can be described as benevolent see benevolence,the wise see wisdom,and failed to completely distinguish between the two.This article through a typical case analysis to compare the two crimes to conduct a comprehensive distinction.This article is divided into four parts,the first part of the first section for the case,through the case led to the case of the two main controversy: First,the mine center to the center staff for the establishment of three private companies,and the use of office facilities Whether the interests of the state-owned assets;Section II for the focus of the case and divergent views,lists the prosecution and defense of the case on both sides of the views and differences: the prosecution that Zhang for personal gain,the use of their terms and conditions,together with other people to develop the so-called performance management regulations only let its unit Some members of the profit,and its personal income is much higher than the amount of other people’s income,is to cover up the means of embezzlement of public funds,Zhang and others constitute a common corruption.While the defense that Zhang constitutes a crime of private state-owned assets.The reason is through Zhang and Zhang other units of other leaders and staff survey evidence,you can know the mine center of this set of public funds to take the action is basically open,or even the default behavior.And the purpose of the act is to seek benefits for the whole center staff,rather than for their own,so constitute the crime of private state assets.The second part is the legal analysis,through the crime of corruption and private state-owned assets of the subject,subjective and objective aspects of analysis and comparison.And the judicial practice of the difficulties,common corruption and private sub-state assets were analyzed,clear the difference between the two.The third part is the analysis of the problems existing in the legislation of private state-owned assets.Through the legal analysis can be found in the process of privatization of state-owned assets,because of various reasons,there are some shortcomings and deficiencies,these defects were analyzed.Finally,the author based on the above analysis of the legislative conclusions,the legislation of the crime of privatization of state-owned assets,to express their views: First,the main body of the crime of private assets to natural persons;the second is to improve the state-owned assets Legal system. |
