| With market subjects'diversity in developing market economy, by taking advantage of official duties, more and more officials are involved in embezzlement of public funds. For instance, recently Li Jiangzhong, the former president of the Chinese Academy of Carrier Rocket Technology, is charged to have taken more than CNY1,000M in bribes and embezzlement. Investigation in cases of many officials embezzled public funds to play gambling abroad.Nowadays, China persists in the economic structure which is the pattern with the public sector remaining dominant and diverse sectors of the economy developing side by side .Under this economid structure, misappropiation of public funds not only encroaches on the ownership of public properties but also violets the honestly performance of official duties. On one side, in order to protect the ownership of public properties, the criminal law punishes the crimes by taking advantage of duties. And on the other side, the criminal law pays more attention on the actors practicing favoritism in misappropriation of public funds, which is also the trend of legislation development in future.From the point of objective view, many question in misappropiation need to be studied deeply. For example, the criminal law's explanations on such situation as public funds embezzled by actor spending on profitable activities, illegal activities, owened by astor self, pending embezzlement, providing guaranty for others withpublic prosperities, ect. As for these new problems arise along with the development of economy , how concern the legislation-makers offer and what kind of good law could regulate these illegal activities, both of which are need to be studied.Discussing on the legislation, the crime subject and object, the purpose of this article is to analyze the action of public funds misappropriation and then to raise the confused questions and the legislation weakness in judicial practices. Any comments on this article, please contact the writer.
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