私分国有资产罪主体的定性分析

On the Subject of the Crime of Dividing up State-owned Assets in Secret

私分国有资产罪不具备“为了单位的利益”这一单位犯罪的必要要件。“单罚制”不符合单位犯罪刑事责任的发展趋势。私分国有资产罪的主体是且应当是自然人,而不是单位。

The crime of dividing up stated-owned assets in secret is not committed for the purpose of securing illegitimate benefits of the unit, but the crimes committed by a unit must be perpetrated for this purpose. The system of solitary punishment doesn＇t cater to the tendency of criminal responsibility of the crimes committed by a unit. The subject of the crime of dividing up stated-owned assets in secret is and should be natural person.