私分国有资产罪的司法实践考察

变更起诉罪名之多、违法所得处理之乱以及缓刑适用率之高是私分国有资产罪在司法实践运行中所表现的三大特征。只有正确判断私分国有资产罪客观要件“私分”形式上的相对合法性、一定程度公开性以及私分国有资产者是否均为决策者和具体操作者。才能正确区分私分国有资产罪与共同贪污罪：只有将私分国有资产罪认定为自然人犯罪才能避免司法实践中违法所得处理的混乱、尴尬局面;相关司法解释的尽快出台才能有助于私分国有资产罪的规范量刑,从而保证缓刑的正确、有效适用。

Review on Judicial Practice of the Crime of Dividing up State-Owned Assets

In judicial practice of crime of dividing up state-owned assets, it is demonstrating three characteristics which are more of changing the criminal name of prosecuting, the confusion of dealing with income of illegal and high percentages of applying suspension of sentence. Only based on its objective aspects of crime, including relative legality in form, publicity to some extent and if there are decision-makers and manipulators or not, we can distinguish the crime of dividing up state-owned assets and the crime of joint corruption; In judicial practice, only based on natural person criminal of crime of dividing up stateowned assets, we can avoid the confused and embarrassed status of dealing with the illegal criminal income; Related judicatory explanations come on as soon as possible can help the normative measurement of punishments and can ensure the accurate and effective application of the suspension of sentence.