Research On Yang XX Corruption Crime

The crime of privately dividing state-owned assets established in the Criminal Law of 1997 originated from the crime of corruption.Although the two crimes have similarities in criminal objects,criminal objects,and subjective intentions,the two crimes are subject to crime,objective behavior,conviction and sentencing There are differences in aspects.Therefore,the distinction between the two crimes has become the focus of theoretical research,and legal scholars have different views on this.The article analyzes the difference between the two crimes through a case analysis.The article mainly studies from three aspects: the criminal subject of the two crimes,the objective aspect of the crime and the profitable personnel.First,regarding the subject of the crime,the types of the two crimes are different.The crime of corruption is a crime of a natural person,while the crime of privately dividing state-owned assets is a crime of a unit.Second,in terms of objective crime,the two crimes have different behaviors.And the behavior of corruption,in order to use secret means to illegally obtain public property as its own,its behavior is concealed and active,and the crime of privately dividing state-owned assets is manifested by the collective separation of state-owned assets in the name of the unit,and its behavior is open and collective.Finally,there is a difference between the two crimes in terms of profitable personnel.The crime of corruption is the act of personal embezzlement,the profitable personnel has the consistency with the subject of the crime,and the crime of privately dividing state-owned assets is the act of collectively privately dividing the profitable personnel has a majority and extensiveness.The crime of corruption and the crime of privately dividing state-owned assets are quite different in terms of legislative purpose,sentencing and liability.Therefore,distinguishing between the two crimes is of great significance for the positive determination of sentencing.Through the analysis of the above two crimes,we can better understand the difference between the crime of corruption and the crime of privately dividing state-owned assets.This has an important guiding role for future theoretical research or practical application,and it can also be better.To punish crimesand protect human rights,and to adapt crimes to punishment and punishment,this is also the significance of our theoretical research.