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Research Misappropriation Of Public Funds For Personal

Posted on:2017-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J Y CuiFull Text:PDF
GTID:2296330482997533Subject:legal
Abstract/Summary:PDF Full Text Request
"Misappropriating Public Funds for personal use" as the crime of misappropriation of public funds in the important elements, before and after the judicial interpretations and legislative interpretation by specialized documents in this regard will be explained, with the in-depth development of the theory of criminal law and judicial practice, owned by individuals using "awareness in the minds of legal workers had also changed, so combing through judicial interpretations and legislative interpretation, correctly grasp the the sin constitutive requirements, is conducive to the correct understanding of this crime, let the illegal punishment crime play a greater role. The relationship between the theory of criminal law and judicial practice are complementary to each other, and promote each other, we should obey the principle of legality, using theory to guide practice, enrich and perfect the theory with practice.So far, the Supreme People’s court and the National People’s Congress for "personal use" has issued two judicial interpretations and legislative interpretation, which is sufficient to illustrate the complexity and importance of this problem, now we apply "for personal use" relevant provisions is introduced by the 2002 National People’s Congress legislation explained, through to legislative interpretation and the first two judicial interpretations of the contrast and analysis, help us to better understand and apply.This paper for "personal use", one of the constituent elements of a detailed exposition, in 2002 legislation interpretation as the foundation and discussed from "Misappropriating Public Funds for personal use" meaning, accomplice and the number of crimes in three parts of the constitution emphasizes on the analyses on. The first meaning of "personal use" the legislative interpretation of interpretation were described from two aspects:Connotation and denotation, which connotation mainly includes the nature and origin of the crime of misappropriating public funds, extension mainly contains two judicial interpretations and a legislative interpretation and analysis of the evolution, specified before the judicial interpretation of the loopholes and legislative interpretation of the loopholes in the supplement and perfect, indicating that the success of legislative interpretation. Second, the article on the misappropriation of public funds for personal use "complicity analysis, mainly includes constitute accomplice conditions, legislative interpretation complicity in three kinds of situations and accomplice under charges of identified problems, through these three aspects detailed theory, analysis, hope to be able to a better understanding of the complicity. Finally of misappropriating public funds owned by individuals use crime number problem, through the crime in the crime number, and the existing in the continuous crime and the transformed crime problems, combined with specific case of them are described, and this situation constitutes the crime number issues to discuss, hope under the guidance of the specific case, can achieve a more profound analysis and understanding of complex problems of crime number, also can of misappropriating public funds for personal use the constituent elements have a better grasp of.
Keywords/Search Tags:Misappropriation of public funds, For personal use, Accomplice, The number of crimes
PDF Full Text Request
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