Qualitative Study Of Criminal Law On The Behavior Of Scientific Researchers Appropriating Scientific Research Funds

In recent years,many cases of scientific research personnel appropriating funds for scientific research in China have been exposed and attracted wide public attention.In view of this kind of behavior,the judicial practice department and the theoretical scholars have two different opinions on how to deal with it.The first opinion is that the behavior should be decriminalized,and the second opinion is that it should be convicted.The nature of scientific research funds,whether scientific research personnel have the status of national staff,and whether scientific research personnel have job convenience when collecting funds are the focus of controversy in correctly analyzing the nature of behavior.Simple scientific research activities do not belong to public service,but vertical scientific research funds come from state or local financial appropriations and belong to public property.The application,write-off and use of vertical scientific research funds to purchase scientific research equipment,instruments and books and materials belong to public service.Scientific research personnel use the convenience of dealing with vertical scientific research funds.Where funds are appropriated,it is possible to establish the subject qualification of the crime of embezzlement and make use of the post conveniently.Qualitative analysis of scientific research personnel’s behavior of misappropriating scientific research funds should be based on the policy background of encouraging scientific research by the state,taking into account the principle of modesty of criminal law and the principle of unity of subjective and objective.Specific problems should be analyzed concretely and guilty identification of acts should be carried out.Standards should be strictly grasped,the principle of legality of crime and punishment should be observed,pan-criminalism and felonism should be vigilantly guarded against attack.In order to reduce the soil of illegal appropriation of scientific research funds and maintain the order of scientific research management in China,we should strengthen the construction of the management system of scientific research funds while regulating the criminal law of appropriation of scientific research funds by scientific researchers.The full text is about 33,000 words.In addition to the introduction and the conclusion,the main body is divided into four parts:The first part summarizes the behavior of appropriating scientific research funds.Firstly,the scope of the subject involved in the case is explained,including the scientific research personnel in scientific research institutions and universities,and the scientific research personnel are divided into subject leaders and general scientific research personnel from the inside.Secondly,according to the different sources and nature of funds,it is divided into vertical and horizontal scientific research funds.According to the different expenditure scope,the scientific research funds can be divided into two parts.In order to direct and indirect funds,the paper finally lists four commonly used means of collecting scientific research funds,namely,using unrelated or fake bills to reimburse the project funds,fabricating a list of personnel to falsify the project funds,raising the purchase price of scientific research equipment,instruments,books and materials,earning rebates and collecting funds by transferring funds to external cooperative units,etc.In the second part,the author summarizes the practice and theory of scientific research personnel appropriating scientific research funds to settle disputes.The author collects and combs the typical cases exposed in recent years,extracts the personal information of the persons involved,the basic facts of the case and the basic elements of the case handling results,and summarizes the table.After induction and analysis,we can see that there are two different opinions on the treatment of such acts in the practical and theoretical circles.Some scholars believe that such acts should be dealt with according to innocence.Some scholars believe that such acts should be dealt with according to crime,such as the crime of embezzlement,embezzlement of public funds,fraud,or that new charges should be added to the current criminal law to regulate such acts.For.The third part is to analyze the three controversial focuses on the criminal law characterization of scientific research personnel’s behavior of appropriating scientific research funds.Because the project relies on the unit to manage and supervise the scientific research funds,and the research group only has the right to use them,the transfer of funds has not changed its original attributes;engaging in public affairs is the substantive criterion to judge whether the scientific research personnel belong to the national staff.Longitudinal scientific research funds belong to public property,the project manager’s allocation and cancellation of vertical scientific research funds belong to the behavior of engaging in official business,while pure scientific and technological research activities are not official activities;the project leader or project host has the possibility of using his position to manage the project and scientific research funds,but the management authority is different from administrative management.The functions and powers of managers should not be confused.The fourth part,based on the analysis of the above controversial focus,carries on the reasonable criminal law qualitative analysis to the nature of scientific research personnel’s misappropriation of scientific research funds.Under the background of encouraging scientific research in our country,we should stick to the principles of encouraging scientific research,modesty of criminal law and unity of subjective and objective.For those who do not meet the requirements of constitutive elements of crime,we should decriminalize them and encourage scientific researchers to conduct scientific and technological research.For those who are guilty of acts,we should also strictly grasp them.Specific analysis of the body problem,only in line with the elements of the crime can be identified as a crime.