Discussing And Analyzing Some Difficulties On The Crime Of Misappropriating The Public Funds

The crime of misappropriating the public funds is a serious finacial crime, which happens frequently. It has become a social corruption because of its particular subject and complex object. As a result, the working efficiency and prestige of the ruling party and its government has been badly damaged. The legislative body and the judicial department have always been regarding punishing this kind of crime as an important part of the anti-corruption struggle. But during the changing period from the planned economy to the market economy, this kind of crime displays some new traits. And the Supreme People's Court and the Supreme People's Procuratorate (the "Supreme Two") have formulated several Judicial Interpretions to counter with them. But the conflict between the fast-changing life and the back-ward legislation is still critical. Adding to that, the Judicial Interpretions of the "Supreme Two" contradict to each other at some points. These caused much puzzlement to both the world of theory and the Judicial department. Consequently, the criminology scholars and the judicial department did a lot of research on this crime and gained some valuable achievements. As a student from the judicial department, I use these achievements for reference on the base of deep understanding of the law and the Judicial Interpretions and apply the criminology theories to analyse of the few characterstics of this crime, hoping to find some counter-measures.