A Study On The Objective Elements Of The Crime Of Misappropriating Public Funds

Since the reform and opening up, China’s rapid economic development, the state capital has become more abundant, accompanied by the problem is the increasing number of acts of appropriation 97 criminal law from appropriation of public funds in order to clear the way charges contained in the criminal law after the appropriation of public funds on the protection of national, collective property plays a role can not be ignored. But this one also encountered many difficulties, especially in the new historical period, appropriation of public funds in the form of the practice of increasing crime forms and means are endless, some issues in the academic and practice has yet to form a unified understanding. For appropriation of public funds, its objective is displayed in the constituent elements of the problem is most noticeable. To this end, "the Supreme Court " and the NPC will be a number of occasions the introduction of appropriate judicial interpretation, legislative interpretation, such as "Personal Use" How to identify "other units" of how to define the scope, general activities, profit-making activities and how illegal activities make a distinction, as well as how many times the cumulative amount of misappropriation and other regulations, the positive role of the judicial interpretation of these is obvious, but there is also some shortcomings and deficiencies. This article will dispute through the objective elements of the crime of misappropriation of public funds in a large number of issues to study and research, and seeks through the analysis of the internal relations of the different elements of the objective aspect of the crime, combined with a typical case, summarizing the previous point of view, revealing the existing law inadequacy of the provisions of the law and exhibited in the judicial application problem, countermeasures, as a legal reference for further improvement.Firstly, the appropriation of public funds in the performance of ancient legislation start exploring its far-reaching legislative background and analysis of appropriate public funds in the ancient why not become a separate offense of appropriation of public funds and then introduce evolution after the founding of New China, analysis several desirable and inadequate legislation and judicial interpretation.Secondly, for the 2002 National People’s Congress "legislative interpretation" in the "Personal Use" provides three cases; three uses of public funds being diverted after; the amount of the perpetrator repeatedly embezzlement after calculation; "move" and "use" Dialectical relations were in-depth discussions and analysis, and as a countermeasure and put forward their views on the basis of. The author believes that, first, appropriation of public funds statute is ambiguous statements need to be amended. Second, the National People’s Congress in 2002 in order to avoid legal practice "for personal use" that the phenomenon of chaos, with the "legislative interpretation" in the form of "Personal Use" summed up in three, but the interpretation of overlap in the content, conflict. Third, after three uses of public funds have been misappropriated, that theory of "illegal activity type, activity type and general profit-type activities" have their own conditions of application and independent of each other, we should analyze specific issues. Fourth, many manifestations of appropriation in judicial practice is very complicated, and the corresponding judicial interpretation of the provisions is relatively simple, does not cover all forms of expression, it is recommended supplement corresponding judicial interpretation.