Research On The Identification Of The Crime Of Privately Dividing State-owned Assets

Of adding Shared out the state-owned assets in the 97 criminal law,crime,the main body of identifying,object,objective aspect and so on all is controversial,to bring certain confusion in judicial practice.The author embarks from the practical Angle,to divide up the state-owned assets sin some problems are studied,put forward the concrete opinions.The first part of the paper combed the related to embezzle crime cognizance of state-owned assets,some of the basic theory such as criminal law hermeneutics in difficult cases of complex qualitative aspects play an important role,unit crime theory helps to better grasp the pocketing of criminal offense of properties of state-owned assets.This chapter also introduces the pocketing crimes judicial application present situation of state-owned assets,especially in the state-owned enterprises reform,duty crime amount standard sharply improve the plight of context.How to get rid of the predicament,is also the main purpose of this writing.Finally analyzes the acquisition of state-owned assets the difference between the crime and some related illegal crime,for some easily confused do a comparative analysis between illegal and criminal behavior.The second part of the paper analyzes the crime,that some of the major problems existing in the.Is a crime in nature,there are mainly the unit crime,natural person crime,unit and natural person crime together three views,inconsistent theory point of view,to bring bigger chaos practice;Second,crime subject,the state-funded enterprises and the problem of the relationship between the state-owned companies,enterprises,the state-funded enterprises by the delegate is engaged in the business class problem of state functionary,the village committee and other special agencies as the main unit crime problem,and so on,these are pocketing crimes subject that state-owned assets,the important issues in the judicial practice in the larger differences;Three is the cognizance of state-owned assets,state-owned asset type is very complex,at present the definition of a more general situation,.the guidance of the judicial practice is limited,the relevant theoretical research on the classification of the state-owned assets is not enough careful,not on the premise of classification of different connotation and denotation of the thorough analysis of state-owned assets;Four is the understanding of "in the name of the unit" is chaotic,with legal form factor,form important document,form factor said add substantial conditions such as different views;Five is to divide up the judicial application of more chaos,confusion between different stages of acquisition and confusing occupation and shared out.The third part of the paper based on the above theory and problem analysis,to divide up the cognizance of the crime of state-owned assets.On the nature of the unit,no matter from the criminal law,or from the related judicial interpretation of the provisions of the logical unit crime viewpoint is desirable,and the most appropriate rules.On the subject of the crime,the state-owned holding company,the enterprise should be included in the category of state-owned company,enterprise,for some special agencies also take no cognizance standard).On the cognizance of the state-owned assets,the government administrative state-owned assets,should from the generalized Angle determine its denotation,the basic equivalent of state-owned property of state-owned assets.For enterprises of the state-owned assets,should respect the principal position of the market,strictly in accordance with relevant provisions of the financial accounting system,to strict grasp its connotation and denotation to prevent infringement of autonomy in operation of the enterprise,affect the enterprise the display of their initiative.Understanding of the "in the name of the unit",think that as long as have the form elements,the emphasis should be in the name of the unit embezzle,rather than the decision.On Shared out the understanding of the concept of,want to distinguish between link of decision-making and implementation,distinguish between embezzlement and pocketing behavior,can't confused.As pocketing crimes is the key to implementation of state-owned assets embezzle behavior.