摘要
现行刑法第396条规定了私分国有资产罪。这有利于保护国有资产,防止其流失。但对私分国有资产罪构成要件的认定问题是有争议的,同时,私分国有资产罪的立法本身有诸多值得思考的地方。对此,作者提出了自己的观点。
The crime of distributing state-owned fund privately is proposed by 1997 Criminal Law, which is beneficial to protecting state-owned fund from being washed away.However, the elements of crime of distributing state-owned fund privately are controversial, and the legislation itself is worth reconsidering. The author of the paper puts forward his own viewpoints for these issues.
出处
《中国地质大学学报(社会科学版)》
2004年第6期71-78,共8页
Journal of China University of Geosciences(Social Sciences Edition)
关键词
私分国有资产罪
构成
立法思考
crime of distributing state-owned fund privately
elements of crime
reconsideration of legislation