Embezzlement Of Public Funds A Number Of Issues To Study

The crime is a kind of more important crimes by taking advantage of duty in the criminal law of our country to appropriate public funds for personal use. Setting-up and development of deepenning constantly with reform and opening-up of our country and socialist market economy, ascensional range very much heavy to divert crime, destroy the socialist market economy order seriously. This text with leave theme of studying on crime , use historical analysis , comparative analysis method, with countermeasure guidance, practice but not pure theory analyse for weight, with of our country socialist democracy legal system develop process as background since the reform and opening-up, the crime legislate to carry on the preliminary discussion to understanding and perfecting and appropriating public funds for personal use.Review of our country criminal course of legislation, though criminal law theory and to appropriate public funds for personal use practice guilty research results numerous and have deep discussion, but because relevant criminal norm deficient and law a relation complicate, is it appropriate public funds for personal use declaring a great deal of questions and doubts appeared to punish guilty guilty to have something to do, among judicial practice, knotty problem these become relevant law suitable to apply place that difference concentrate relatively. How to treat the formulation of these questions correctly? To how should these questions be defined? There are a lot of discussions to this in the theory circle, but has not provided a clear train of thought . The writing of this text was launched around the main part of these two questions.Whether through investigate our country appropriate public funds for personal use guilty legislative evolution , can basic general their divide into three stages. Establishment period in initial stage , namely 1988; The period disputing, namely the time before explaining of Standing Committee of the National People's Congress in 2002; What has been chosen period, namely explained the time so far in 2002. Make the meaning of this kind of division, lie in passing the analysis of this history, have found out the social changes origin governed by law that the numerous and complicated and complicated legislation changes, therefore is it is it should rigorously enforce according to law also to have to suitable to apply in main law of knotty problem, in on law understand, should keep one attitude of tolerance, this whether this text is it analyse and is it appropriate public funds for personal use crime so-called main overall view of difficulty to deal with to be used.The guilty subject matter is concentrated in three aspects about appropriating public funds for personal use. First use people about the public money. Units are all criminal subjects like natural person. Differentunit, state-run or private, no matter legal person or an legal person, should have equal positions , enjoy the equal rights and obligations. " belong to individual use " appropriate public funds for personal use terms crime must possess. Second about the subject qualification. The characteristic of national staff members is engaged in the public affair. National staff members' range should be within the limit of regulation of article 93 of criminal law of 1997. About guilty complicity issue this , should is it suitable to apply to made a concrete analysis of according to the provision on complicity of general provisions of criminal law. Third about the behavior of diverting. Move clearly with with compound behavior, is it appropriate public funds for personal use crime must two kinds of behaviors possess meanwhile to commit. Still to contract, lease operator's behavior of" diverting ", bank, staff members of credit office " divert" the behavior, guarantee " divert" and stock exchange staff member of form " divert " behavior circle of knotty problem of practice have the discussion made to order ". Article appropriate public funds guilty crime target for personal use also, about exploit one's office quest...