Research On The Crime Of Misappropriating Public Funds

In judicial practice of China the crime of misappropriating public funds is one of the most frequently. The current criminal law code and judicial interpretation stipulates the crimes clearly, but there still exist quite a few questions worth probing into. This dissertation establishes on the basis of study of the crime of misappropriating public funds. Through analyzing the current criminal law code and judicial interpretation and combining the theory and judicial practice, it attempt to further the study and practice.This dissertation consists of four parts. The whole dissertation gets about 35000 words.Part one : The legislative evolution of the crime. This part gives a general introduction of the legislative evolution of the crime from the ancient to the modern society in China.Part two : The concept and constitutive requirements of the crime. This part gives a general introduction of the concept of the crime of misappropriating public funds, and according to the theory, criminal law code and judicial interpretation deals with the object, subject of crimes, objective information and mens-rea of guilty of failure in duty. It also makes a proper introduction and analysis of related disputing views in both theory and judicial practice. In the mean time, the author makes a special and deep-going approach to two outstanding related disputing questions in the current theoretical circles of the criminal law, and then gives his own opinions.Part three: The determination of the crime. In this part, the author, from the perspective of the constitutive requirements of the crime, analyzes the demarcation line between the crime and normal act and the related crimes. And then the author elaborates the determination of the amount of several misappropriations of public funds, the determination of crime of defalcation and so on. At last the author gives some advices on these matters.Part four: The sentencing of the crime. This part specifies the introduction of current legislative stipulation and judicial interpretation of the sentencing of the crime, and the author gives some advices on this question.