Research On The Issue Of Accomplice In The Crime Of Misappropriation Of Public Funds

The crime of misappropriating public funds is one of corruption crime,because of its own legal subjective and objective conditions and complexity,there are many areas worthy of study of the theory and judicial practice,the joint criminal pattern of the embezzlement crime is one of them.With the development of market economy,the judicial environment is becoming more and more complex,the crime is not only confined to a single person's crime,and the crime of misappropriating public funds is the same.In judicial practice of the crime of misappropriating public funds,the misappropriation of public funds can embezzle for oneself own use,and for another person use,even by the third middleman abetting,embezzlement and use of public funds to help the people of common crime.The crime of misappropriating public funds is relatively complex,and the characteristic of the subject of joint crime of misappropriating public funds in various forms,common behavior,the qualitative behavior of the joint crime of misappropriating public funds is quite complex.Discussion of research on the crime of embezzlement in our criminal theory concentrated in 2005,research mainly concentrated in the crime of embezzlement crime,but the research of the joint crime of misappropriating public funds only scattered among them.The criminal law theory and judicial practice in our country has been on the crime of misappropriating public funds for many years of research and study,legislative interpretation and judicial interpretation is also quite a lot,but that issues related to the joint crime of misappropriating public funds is only scattered in various legal interpretation provisions,not systematic,and omissions.On the other hand,compared to the embezzlement crime,China's criminal law theory more focus on the crime of corruption,bribery and other crimes of corruption,negligence of the comprehensive study of the unique common crime of embezzlement.The above circumstances lead to the lack of a unified understanding of the fine points of the common crime of misappropriation of public funds.There are still a lot of place for discussion in theory and practice for the identification of the common crime of misappropriation of public funds.The author shall analyze from the behavior main body,subjective intentional content and behavior components of trying to clarify the constitute embezzlement accomplice from the subjective and objective conditions,have a more clear understanding to determine the complicity of defalcation standard.This thesis is divided into three chapters.The first chapter starts with the main elements of the constitutive elements of the crime of misappropriation of public funds,analyzes the main elements of the crime of misappropriation of public funds.The subject of crime of misappropriation of public funds includes embezzler,public funds user and the planning of third person.So the author shall discuss common embezzlement the subject of crime constitution by the three cases such as "more than two people common misappropriation","embezzler and user common misappropriation","embezzler and third person common misappropriation".Besides,there are many units decided to collective decision-making behavior of misappropriating public funds also found that in practice.The author shall analyze the existing circumstances,and distinguish the embezzlement behavior of the collective is a personal decision,which should constitute the crime of misappropriation of public funds to deal with.The second chapter starts with the subjective elements of the crime of misappropriation of public funds,and analyzes the subjective elements of the crime of embezzlement of public funds.The continuation of structure of the first chapter,according to the three cases "more than two people common misappropriation","embezzler and user common misappropriation","embezzler and third person common misappropriation",the author shall discuss constitute embezzlement accomplice subjective elements.In the course of argument,the author holds the necessary conditions for the common crime of "conspiracy",analyzes the various circumstances of the conspiracy,and the influence of the error of cognition on the complicity of the embezzlement of public funds.The third chapter starts with the objective elements of the constitutive elements of the crime of misappropriation of public funds,and analyzes the objective elements of the crime of misappropriation of public funds.The author first analyzes the crime of misappropriation of public funds "take advantage of duty" and "misappropriation of public funds for personal use" certain objective factors,and then based on the analysis of common behavior type,discusses the common qualitative behavior,which focuses on the behavior of people in their processing positions to facilitate the use of common embezzlement.