Research On The Crime Of Misappropriating Public Funds

Abstract: The crime of misappropriating public funds is an important charge in bribery, and it occurs in high rate in the real world. The research and inquiry on the crime of misappropriating public funds is making for the reinforcement in the hitting of the bribery and keeping the crime within limits. The research is also beneficial to the neaten of the government and the building of incorruptness of the whole country. Therefore, the research of the crime of misappropriating public funds ·has very important and realistic meaning.In regard to current penal code in our country, the 384 regulation rules settled to the crime of misappropriating public funds, but because of history origin and technique problems of lawmaking, there are a lot of controversy views on this crime theoretically or in practice. Therefore, the organ of the justice and lawmaking explained some of the problems many times, but some explanations are controversy to other regulations and rules. So, it is not erase the queries of people's mind, but blaze new discuss. The debate on the crime of misappropriating public funds becomes hotter and hotter, leaving a lasting impression so far. Because of the different points of view, each sticks to his own view, it is hard to tell whether is right or wrong. This article will give you a deep analyze aim at those debates. Being established in justice practice and centered on the essential meaning of the misappropriating public funds, it will analyze the argument of related theory, put forward personal point and advance some constructive solut- ion to the questions of justice application, and then seek the origin of the debates through these questions to find out the fault in lawmaking of crime of misappro-priating public funds in our country. Finally, the author in view of the global epoch, use the related regulation of international treaty and the foreign legislation experience for reference, point out the essential definition of misapprop- dating public funds, advance personal proposal to the legislation consummation of crime of misappropriating public funds in our country.