Some Basic Issues On Misappropriating Public Funds

The crime is a kind of more important crimes by taking advantage of duty in the judicial practice of our country to appropriate public funds for personal use. Since the crime is named as misappropriating by the National People's Congress in 1988, there is more than 10 judicial explanations about it. The current criminal law code and judicial interpretarion 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, and refers to theories related to this study and findings of other scholars. Through analyzing the subject of misappropriating and the subject of misappropriating and combining the theory and judicial practice, it attempt to further the study and practice.The article is divided into four parts.In the first part, the author reviews the establishment and development of crime misappropriating public funds in China and introduces current legislative conditions of criminal law and legislation of the misappropriating the public funds in other countries.In the second part, the problem in the subject of misappropriating. According to the main clue that engane in public service" is the essential characteristic of the state functionary, the subjects of misappropriating are elaborated, with officers, quasi-officers and accomplices of misappropriating analyzed in theory. The author analyses the subject determination in different situations.In the third part, the problem in the object of misappropriating. The object of misappropriating and criminal targets are expounded. It infringers not only the honesty of public service personnel but also the possession right, the use right and profit right of public property. Given that a hearted argument lie in the object misappropriating infringes upon in the person theoretical and law. By analyzing the cases, I put forward my own view on these arguments.In the fourth part, the legislative completeness for appropriating public money. It mainly analyzes the shortcoming of the legislation of appropriating public funds crime in the criminal subject, criminal object, criminal target, and then proposes some suggestions on improving the lawmaking. As for improving the legislation, the author gives some suggestions that embezzling public belongings should be regarded as a kind of crime, so misappropriating should be changed into embezzling public belongings and public money, and civil servant should be changed into embezzling public belongings and public money, and civil servant should be changed into public servant by the Anti-corruption convention of United Nations, and the public property in No 91 item in the modifie Criminal Law should be added social danwei.