论私分国有资产罪的几个问题

Discussing Several Issues in the Crime of Furtively Distributing State Owned Assets

私分国有资产罪是修订刑法新增加的罪名。相关的司法解释少,司法机关立办的此类案件少。在司法实务中,遇到了对国有资产的界定、私分国有资产罪犯罪主体的明晰化等具体问题,造成了理论和实践上的混乱。笔者从司法实务的角度出发,对办理此类案件中遇到的问题进行了探析,提出了具体建议。

the crime of furtively distributing state owned assets is a newly added crime in the amendment to the Criminal Act. There is not many legal interpretation and legal practice relative to this new crime. In the legal practice, both prosecution and defense are facing some difficulties like the boundary of state owned assets, clarifying the subject of the crime. These difficulties lead to chaos in both academia and practice. The author has analyzed the issues in dealing with such cases from the aspect of legal practice, and has provided material solutions.