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关于私分国有资产罪的主体有单位主体说和自然人主体说。单位主体说有诸多理论缺陷和逻辑矛盾,而自然人主体说则可以满足理论的协调和实践的需要。私分国有资产罪是单位内部的个人借单位名义实施的犯罪,没有为单位谋取任何利益,并且采取单罚制,这都表明该罪不是单位犯罪。自然人主体说有利于解决起诉和判决对象的选择、共同犯罪的认定、数罪并罚的处理等司法实践中的问题。
The main body of the crime of privately dividing state-owned assets has the unit main body saying that it is with the natural person main body. There are many theoretical flaws and logical contradictions in the subject of the unit, while the subject of the natural person can meet the needs of the coordination and practice of the theory. The crime of privately dividing state-owned assets is a crime carried out in the name of an individual within the unit. Any failure to seek any benefit for the unit and a single penalty system means that the crime is not a unit crime. The subject of natural persons is conducive to solving the problems in judicial practice, such as the choice of object of prosecution and the object of judgment, the determination of joint crimes, the treatment of the joint punishment of multiple crimes.