论私分国有资产罪的立法完善
发布时间：2018-09-04 09:47
【摘要】： 私分国有资产罪是新刑法规定的新罪名，在近几年的司法实践中发现了诸多立法缺陷，有必要对此罪进行立法上的完善。 私分国家机关、事业单位、人民团体财产的行为与私分国有企业财产的行为，在法律性质上并不相同，，不宜规定在同一罪名中。 应在我国立法中确立对公私财产所有权平等保护的思想及市场经济主体平等的理念，摒弃对国有投资性资产特殊保护的原则。 适应我国社会经济改革发展进程及犯罪形态的特征，对此罪的立法完善应分步骤进行。 在我国经济体制改革基本完成、市场经济体系基本建立、国有企业的产权关系真正明确后，应在完善我国宪法、民商法、经济法等法律的理论研讨及立法的基础上，对此罪进行彻底的刑事立法完善。 笔者在本文中将结合本罪在学术界的理论争议和司法实务界适用中所遇到的典型问题，并结合我国特有的社会、经济背景及我国经济体制改革特别是国企改革的进程，来论证私分国有资产罪的近期及远期立法完善的指导思想及具体方案。
[Abstract]:The crime of dividing state-owned assets privately is a new charge stipulated in the new criminal law. Many legislative defects have been found in the judicial practice in recent years.
The act of privately dividing the property of state organs, institutions and people's organizations is different from the act of privately dividing the property of state-owned enterprises in legal nature and should not be stipulated in the same charge.
The idea of equal protection of ownership of public and private property and the idea of equality of market economy subject should be established in our legislation, and the principle of special protection of state-owned investment assets should be abandoned.
To adapt to the process of social and economic reform and development and the characteristics of crime patterns, the legislative perfection of this crime should be carried out step by step.
After the reform of our economic system has been basically completed, the market economic system has been basically established, and the property right relationship of state-owned enterprises has been truly defined, we should thoroughly improve the criminal legislation of this crime on the basis of the theoretical discussion and legislation of the constitution, civil and commercial law and economic law of our country.
In this paper, the author will combine the typical problems encountered in the academic controversy and the application of the crime in the judicial practice, and with the unique social and economic background of our country and the process of our country's economic system reform, especially the reform of state-owned enterprises, to demonstrate the guiding ideology and concrete of the recent and long-term legislative perfection of the crime of private distribution of state-owned assets. Plan.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D924.3
本文编号：2221723
[Abstract]:The crime of dividing state-owned assets privately is a new charge stipulated in the new criminal law. Many legislative defects have been found in the judicial practice in recent years.
The act of privately dividing the property of state organs, institutions and people's organizations is different from the act of privately dividing the property of state-owned enterprises in legal nature and should not be stipulated in the same charge.
The idea of equal protection of ownership of public and private property and the idea of equality of market economy subject should be established in our legislation, and the principle of special protection of state-owned investment assets should be abandoned.
To adapt to the process of social and economic reform and development and the characteristics of crime patterns, the legislative perfection of this crime should be carried out step by step.
After the reform of our economic system has been basically completed, the market economic system has been basically established, and the property right relationship of state-owned enterprises has been truly defined, we should thoroughly improve the criminal legislation of this crime on the basis of the theoretical discussion and legislation of the constitution, civil and commercial law and economic law of our country.
In this paper, the author will combine the typical problems encountered in the academic controversy and the application of the crime in the judicial practice, and with the unique social and economic background of our country and the process of our country's economic system reform, especially the reform of state-owned enterprises, to demonstrate the guiding ideology and concrete of the recent and long-term legislative perfection of the crime of private distribution of state-owned assets. Plan.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D924.3
【引证文献】
相关硕士学位论文 前3条
1 顾佳;私分国有资产罪若干问题研究[D];华东政法学院;2006年
2 余丽;私分国有资产罪研究[D];四川大学;2006年
3 赖马莲;论我国刑法对非公有制经济的保护[D];华东政法大学;2008年
本文编号：2221723
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