Criminal Regulation Of Unit's Fraudulent Special Funds

This paper takes the subsidy of cheating skill training in private vocational school as the breakthrough point,and thinks about how to deal with the unit to cheat the special fund.After analyzing the current law and judicial guidance one by one about this problem in the judicial practice,it is found that there are conflicts and contradictions between the basis of conviction and sentencing and the principle of legality and the principle of suiting punishment to crime and punishment.In view of the absence of criminal legislation in the field of special fund protection,the country should perfect relevant legislation in a timely manner and solve the qualitative problem of unit defrauding special funds.In the case of the blank of the criminal legislation for the special funds protection,the author puts forward the legislative conception of setting up the crime of defrauding national special funds separately.The establishment of the crime of defrauding national special funds is an urgent requirement of judicial practice in China,and the legislation of extraterritorial countries and Hongkong areas is worth our reference.Referring to the accusation and sentence setting of other similar crimes in the crime of disrupting the socialist market order,the article preliminarily designs the legal provisions on the crime of defrauding national special funds.From the angle of criminal law,the author makes a detailed study of the constitutive elements of the crime of defrauding national special funds.The object of the crime of defrauding national special funds is not only the property right,but also the management order of the special funds.The behavior structure of defrauding national special funds is manifested as:by means of deception,the actors obtain formal qualifications,which make the country fall into wrong understanding and punish the state by disposing of special funds on the basis of the wrong understanding of the state.Units and individuals can become the main body of crime of defrauding national special funds.The subjective aspect of the crime can only be an actual intent.