Jiang Misappropriated The Study Of Public Funds

Since the criminal law has been published in the year of 1997,a lot of useful research on the crime of embezzlement and misappropriation of funds has been made in the academic and practical law area.Since the concepts of embezzlement and misappropriation of funds have been defined,the course of defining crime and non crime,the charges of this crime and other crime still have some controversial problems in the process of judicial determination,it means there' s still much to discuss and still much room to improve.The study of embezzlement and misappropriation of funds provides not only theoretical contribution,but also makes a role in the area of judicial practice.In recent years,as the judicial practice deepens,some controversial cases of the crime of embezzlement and misappropriation of funds coming into sight.In this paper,the cases of dispute through the process of judicial determination are chosen,and starting from these cases,the controversial issues of the crime of misappropriation of public funds and related charges in the standard of judicial determination have been discussed.The crime of misappropriation of public funds and the crime of misappropriation of funds are both similar and significantly different in the aspects of crime constitution.The difficulty of the two crimes in the judicial practice is concentrated on the identification of the subject of the crime of embezzlement.To identify the major responsibilities of the national staff members depends on the clarification of the concepts of "appointment","engaged in business" etc.In the course of the trial,making an accurate determination of the object of the crime makes a crucial role of identifying the facts of the case and the qualitative analysis of the case.The legislative organs should revise the law to solve the problem of the fuzzy nature of law in the judicial cognizance of the crime of misappropriation of public funds and related charges completely.Hope that the study of this paper could provide valuable references to the solution of relevant issues encountered in the judicial determination.