The Research Of Difficult Problem About Peculating Public Money

Peculating public money is a complicated juristic problem. In daily practice, westill have different understanding of the character of peculating public moneyaccording to the judicial explanation. In this article, I want to consummate thedeficiencies by judicial analysis and clarifying principles.This article contains four parts:In the foreword, I introduce the general situation of legislation and also introducethe importance of discussing the problems of peculating public money.In the first part, I introduce the problem of peculating public money withindividual use. I clarified the absolutely necessity of 'individual use". We still havedisputes of this problem in theory and in common trial.In the second part, I introduce the importance of concrete purpose of peculatingpublic money and bring forward that it is lawful to use the public money in the publicpurpose. I also introduce three aspects of the problems. They are unlawful activity,profit-hungry activity and not restituting after three months.In the third part, I introduce the cognizance of the character of peculating publicmoney and not restituting. I introduce the evolvement of legislation of the imputation,and in some conditions peculating public money will not be punished as corruptionaccording to the interpret of the Supreme People's Court of China. I also introduce the transformation between peculating public money and corruption.In the final part, I analyse the actuality of legislation and bring forward theshortage of legislation after the long time consideration. I give the advice on delict ofjuridical person, concrete purpose of peculating public money, distinguishing thedifferent identity of peculating public money.