| At present in our country the crime types,the crime of misappropriating public funds is one of the frequency of occurrence of more, this kind of crime will not only undermine the social order, affect economic development, but also against the impact of China's government and prestige among the people,harm can not be estimated for the country's economic and social development. This paper is to discuss the practical problems in the judicial practice in the crime of embezzlement judgment encountered, and aiming at these problems, some of the things that can effectively solve the problem, hope to be able to contribute to the judicial problems of judicial personnel in China first encountered in the process of embezzlement crime in the.In a specific case whether it belongs to the crime of embezzlement, whether in judicial practice, or in our legislative process, there are different degrees of controversy, a lot of research experts in criminal law theorists on this issue, but because of what happened in practice. The case, the case is complex, involving many people, that often appear in theory can predict the situation, so in the judicial personnel work for the cognizance of the crime of misappropriating public funds put forward many views. Scholars in the field of criminal law and judicial staff in the first line of cases have identical views on each other and complement each other, while others are diametrically opposed and opposed to each other. But no matter which kind of view, they demonstrated their views are very full and reasonable, the "spark" splash phenomenon is a very good opportunity for the research on the crime of misappropriating public funds in our country.This thesis is composed of five parts, in the first part in Jiang Mou embezzlement case to further expand, which leads to the judicial practice in different views on whether the appointment of managers of state-owned enterprises belong to the provisions of our criminal law of the crime of misappropriating public funds qualification of main body of this problem and discuss then, the current academic circles, positive and negative two representative viewpoints, and expounded their views, and finally puts forward some ways to solve the problem; the second part from the sale of Wang unauthorized non specific public property, and will sell the paragraph misappropriation case leads to non specific public property to be sold and sold paragraph misappropriation behavior can constitute the crime of misappropriation of public funds; the third part is from Yang secretly decided in the name of the unit of public funds lent to his wife holding enterprise use cases Of the National People's Congress "leads to" explain "" in the provisions of the "personal interests" of the connotation and extension of existing problems; the fourth part is about the existence of embezzlement accomplice in Huang and Chen embezzlement case leads to the problem that how to use ginseng and qualitative non public funds the crime of misappropriation of public funds behavior. The last part is applicable to Xu embezzlement gambling case leads to the crime of embezzlement implicated punishment principle, which should be applied or combined punishment shall apply from a felony principle.The above is the main content of this article. In this regard, we hope that our legal construction will be more perfect, and judicial activities will be more closely related to the law, so that our rule of law society will be built quickly and smoothly. |
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