The Research Of Criminal Law To Improper Conduct Taking Research Funding

The corruption cases of China's research funds are gradually attracting public attention in recent years.Some researchers have used diversified means,such as fabricating invoices and contracts,claiming phoney expenses,concocting organizations or projects,embezzling scientific research equipment and so on,to arbitrage scientific research funds,which is mostly sentenced to crime of corruption by Chinese judicial organs at present.Its recognition model which ?allowing no flexibility? cannot accurately determine the arbitrage of scientific research funds,nor respectively explain its focus of dispute.To effectively safeguard the researchers? lawful interests and to strictly crack down the corruption in scientific research,it is imperative to reasonably determine the behavioral nature of arbitraging scientific research funds.In-depth exploration of the focus of this dispute and its theoretical foundation is the basis on which the nature of arbitraging scientific research funds can be reasonably determined.It is easily found through the typical cases? analysis interiorly that the dispute of this phenomenon focuses on the identity of scientific research personnel,the ownership of scientific research funding,the requirements of ?job convenience?,subjective elements of scientific researchers,and so on.The identity of scientific research personnel directly affects the subject application of crime of corruption,which means that a researcher who is not a national administrative employee does not apply to the subject of crime of corruption.The obtainment of scientific research funds can be tried in civilian court if scientific research funds are not public property.The requirements of ?job convenience? and subjective elements of scientific researchers are indispensable elements of case determination of crime of corruption.To explore a reasonable path to determine the behavioral nature of arbitraging scientific research funds,this article makes a conclusion on the focus of dispute that it is difficult for general scientific researchers to be recognized as national administrative staff and that vertical research funds are public property;Generally,scientific researchers do not have the ?job convenience? to use the funds,and the cognition error of scientific research personnel in illegality affects the establishment of the crime of corruption.On the basis of resolving disputes,it is supposed to reasonably determine the behavioral nature of arbitraging scientific research funds in three steps: to distinguish the identities between general scientific researchers and national administrative staff,to tell the income of scientific researchers from legitimate one to illegal one,and to further consider whether scientific researchers have the intent of illegal possession.To grasp accurately these three steps above is the effective path to reasonably determine the behavioral nature of arbitraging scientific research funds.