Study On The Joint Crime Of Misappropriating Public Funds

With the development of the market economy, the judicial environment isincreasingly complex, the crime is not just confined to the individual crime, neitheris the crime of misappropriating public funds. In the judicial practice of the crime ofmisappropriating public funds, there are different situations, for example,embezzlement people have occupied for individual use, one person misappropriatesthe money while the other one uses, there even exist intermediary introducerinstigate and help the embezzles and users of public funds with joint crime. Thecharacteristics of crime of misappropriating public funds is relatively complicated,besides, the subject of the joint crime of misappropriating public funds and commonbehavior are in various forms, all there lead to that it is exceptionally complex todetermine the nature of the behavior of joint criminals of misappropriating publicfunds. Although the theory circle and the judicial circle of criminal law in ourcountry have researched and studied the crime of misappropriating public funds foryears, there are also many legislation and legislative interpretations, but all theseneglect the comprehensive study of the unique features of the joint crime ofmisappropriating public funds and lack of unified awareness of the subtleties of it,too. For the determination of joint crime of misappropriating public funds, there are still many places worth exploring in the theory. The author thinks that due to thejoint crime of misappropriating public funds of its own characteristics it is necessaryto make systematic examination of the difficult points of subject, the subjective andobjective elements and criminal responsibility and so on of the joint crime ofmisappropriating public funds and put forward some countermeasures to solve therelated problems.This paper is divided into three parts with more than30,000words.The aim of the first chapter mainly is to clarify the subject of joint crime ofmisappropriating public funds, that is to say, in what circumstances theembezzlement, the user and the third people can constitute the subject of joint crimeof misappropriating public funds, and if the unit can become the accomplice of thecrime of misappropriating public funds and so on. To determine the scope of subjectof crime is the premise to affirm the joint crime of misappropriating public funds. Inthe part of the identification of embezzlement, this paper holds the opinion that theperson entrusted to administer and manage state-owned property can constitute thesubject of the crime of misappropriating public funds, the staff of state-ownedfinancial institution is not independent type of embezzlement person. In addition, thecollective unit does not constitute the crime of misappropriation of public funds.The second chapter mainly clarifies the related problems of subjective elementsand the objective elements in the joint crime of misappropriating public funds. Forthe objective elements, it focuses on the common form and behavior of joint crime ofmisappropriating public funds based on the objective elements of the crime ofmisappropriating public funds. For the subjective elements, on the basis of theintroduction of common intentional contents of misappropriating public funds, itdiscusses in detail how to identify the problems when the common crimes haveinconsistent understanding for the practical use of the misappropriating money. Thispaper thinks that the solution of this problem should adhere to the principle thatsubjective shall be accordance with objective and take the principle which isbeneficial to the behavior.The third chapter mainly is to clarify the problem of the criminal liability of joint crime of misappropriating public funds. For the number of crimes on jointcrime of misappropriating public funds, this paper focuses on two aspects of thenumber of crimes including the embezzlement crime, embezzlement and bribery. Forthe number of Joint crime of misappropriating public funds crime, this paper arguesthat the crime of repeated misappropriation of public funds should be calculatedaccumulatively according to the specific use; as for how to bear the amount of jointcrime, the theory of total amount of misappropriation is adopted.