摘要
私分国有资产罪是我国新刑法增设的罪名,是立法机关针对出现的国有资产大量流失等新问题而采取的重要对策之一。尽管现行刑法第396条规定了私分国有资产罪,但理论与实务界对本罪的罪名、罪状等理论基础问题仍存在争议和分歧,立法技术本身的含混与内在的逻辑悖论是其根本原因。
Private divided state- owned assets offense is the criminal charges that our country＇s new penal code has increased to establish. It is one of the most important countermeasures of the lawmaking organization to protect state - owned assets not to run off. Though the penal code had thus of provision, theory field and judicial circle still exist a controversy to this view. There still keep existing different opinions and articles about theory foundation problems, such as the name of offense and criminal charges concerning offense …etc. The basic reason is the ambiguous and inside logic mistake of the lawmaking technique.
出处
《云南大学学报（法学版）》
2008年第3期75-82,共8页
Jorunal of Yunan University Law Edition
关键词
私分国有资产罪
立法技术
罪名
罪状
private divided state - owned assets offense
lawmaking technique
name of offense
criminal charges concerning offense
