Research On The Objective Element Of The Crime Of Misappropriating Public Funds

The object of crime is one objective element of criminal constitution. "Personal using" and the concrete purpose is not objective element. In the case of misappropriation, the "using" is to restrict the "moving", that means the public funds must be misappropriated to other field for personal purpose. The objective elements of the crime of misappropriating public funds include utilizing official advantages, the behavior of misappropriating, object of misappropriating, harmful effect and the consequence between the behavior and harmful effect. In the crime of misappropriating public funds, the official advantages mean to utilize the advantages in charging, administering, managing and handling the public property, these advantages come from authority and status or exceeding authority and misusing authority. According to the origin of authorities, utilizing official advantages could be separated to utilizing illegal and legal duty advantages. According to the content of authorities, it could be separated to utilizing official advantages for the possibility of possessing, controlling and intervening public funds. Misappropriation means making bold to change the use of public funds for the purpose of personal using. The behavior of misappropriation can be presented in different forms. According to its character, misappropriation includes active misappropriation and passive misappropriation; misappropriating funds held by the actor, misappropriating funds dominated by the actor, and misappropriating funds whose use is influenced by the actor; direct misappropriation and indirect misappropriation. In the case of misappropriating public funds, "public" means possession of unit, which is different from personal possession only, and it does not involve the property system of unit. It is indirect misappropriation that using the property excluding funds as the means of payment or balance, or exchanging the property for funds of other units and individuals. Public funds include the funds of unit connecting with the duty of national public servants, and other properties used as the means of payment, balance, or bargained for funds with other unit.