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A Preliminary Study On The Crime Of Embezzlement Of Public Funds

Posted on:2020-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:W L HuiFull Text:PDF
GTID:2416330590481988Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,in the field of official crime in our country,the frequent cases of embezzlement of public funds not only cause the loss of state-owned funds and property,but also reduce the people's sense of trust in government officials,thus arousing widespread concern from all walks of life.Embezzlement of public funds means that public officials,for private reasons or under the influence of other factors,arbitrarily move public funds out of their control and use them in other fields,resulting in the loss of effective government control over this part of state-owned funds and property.In the process of dealing with specific cases,the ways of misappropriation of actors and the direction of public funds are various,and the emerging problems are becoming more and more complicated.Therefore,the difficult problems in misappropriation cases are discussed in detail,and the solutions that are more suitable for the judicial practice of our country are put forward,in order to better combat such crimes and protect them.Protect state funds and property from infringement.In the process of exploring the crime of embezzlement of public funds,the author adopts comparative analysis,literature analysis,case analysis and other research methods in order to have a more comprehensive understanding of such crimes.There are many difficult problems in the cases of misappropriation of public funds,which deserve to be discussed and studied,such as the specific meaning of "more than three months have not been repaid".The act of providing guarantee for other people's loans with public funds deposit receipts is qualitative.How to identify the purpose of misappropriation is unclear,and how to evaluate the act of "misappropriation but not used".The occurrence of these problems is the result of the comprehensive effect of many factors,including legislation and justice,of course.reasons at different levels.On the basis of a detailed and full analysis of the relevant issues of misappropriation of public funds,the author extends the "three situations" of the crime of misappropriation of public funds to the discussion of various uses,and from the perspective of different uses,in view of the current situation of legislation and judicial interpretation in our country,puts forward new ideas.On the one hand,it is necessary to stop using "as a necessity in the constitutive elements of misappropriation of public funds.On the other hand,we need to stipulate corresponding property penalties for the crime of embezzlement of public funds,which not only helps to identify the constitution of the crime of embezzlement of public funds,but also helps to prevent crime,so as to better safeguard the authority of the law.
Keywords/Search Tags:Embezzlement, purpose, private use, illegal activities, misappropriating but not using
PDF Full Text Request
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