The Research Of The Criminal Problem Related To Graft Scientific Funds

Along with the development of economy in our country, scientific research activities have become increasingly frequent. As the center where knowledge, intelligence and force of innovation gather together, universities undertake the important task of scientific research. In China, the scientific funds for the universities come from many sources, it is benefited for the universities to hold the scientific activities. However, due to the financial sector for the financial management of university research funding is not yet mature, with the relevant departments to supervise the use of research funding in place is not enough, so in recent years there has been a lot of research funding corruption crimes.The behavior patterns of corruption research funding has been improperly taking major research funding. The reason for this behavior is recognized as a crime of corruption, mainly consider the behavior of people belonging to the judiciary institutions(colleges and universities) staff, and the use of their facilities as a project leader to false invoices, fictitious labor contracts and other means taking research funding, in line with all the elements of the crime of corruption.But I believe that means taking improper conduct research funding should not constitute the crime of corruption. This is because to carry out research activities belonging to the ordinary civil action, not a public affair, so researchers do not belong to the national staff, does not meet the main elements of the crime of corruption; and partly because researchers essence as a person in charge of research and no you can take advantage of his position. And taking research funding by abusive behavior in virtually in most of the time neither infringe on the ownership of public property infringement, nor the integrity of the national office, and therefore does not infringe the object of the act of embezzlement.Means for taking improper conduct research funding should be properly identified according to the actual situation. For researchers are not required to complete the project contract research tasks can be held accountable for their breach of contract or fraud identified; for illegal possession after researchers surplus funds to complete research tasks or scientific equipment, which can be found guilty of embezzlement; for college in the extra-budgetary funds privately to balance incentives to conduct scientific research personnel, can be identified as guilty of crime of owned assets; researchers illegal withdrawal, using behavioral research funding, can be held accountable management system in violation of research funding; after the researchers taking research funding improper tactics can be refunded, and should make use of the experience of restorative justice, freedom held criminally responsible.Improper means taking research funding is a certain reprehensible nature, departments can be clearly identified researchers, and improve the system of research funding budget and final accounts and establish scientific performance evaluation mechanism and strengthening of the research staff of the legal awareness education, etc. alleviate the increasingly serious domestic stage research funding corruption crime. On the other hand, is applied to the macro phenomenon of crime should examine how to curb corruption research funding can be the basic theory of crime prevention in criminology.