Analysis On The Criminal Law Regulation Behavior Of "Unit Private Account"

"Unit private Account" is a non-legal term.The existence of "Unit private Account" seriously affects the normal use of state funds,and leads to the public's questions about the integrity of the government.At the same time,it also affects the achievements of the party's construction of clean government and the fight against corruption in China.In real life,the behavior mode and punishment of "Unit private Account" are different.This paper starts from the case and analyzes the criminal law involved in the establishment and use of "Unit private Account".In this paper,the basic facts of the selected cases show that ryu in May 2009 to March 2013,a city highway bureau bureau secretary,directed and instructions through direct or indirect subsidiary and subordinate counties(city)area bureau,the city bureau to the county(city)rc engineering quantity of construction funds to defray of virtual,inflated to engineering such as capital arbitrage,and follow the instructions,ryu will show the money in cash to the specified amount,at a specified time to the city bureau director of the office of the weekend..By zhou mou the instruction of liu mou receives,keep,defray the fund that take.In fact,the case is actually a typical case to set up and use the behavior of "Unit private Account" for the performance.From the overall fact of the case,the appearance of the subject of the crime and the way of behavior conforms to the crime constitution of the crime of corruption,the crime constitution of the crime of abuse of power,and even the crime constitution of the private distribution of state-owned assets.Visible,in view of the "bonus" in the judicial practice of criminal law is not easy,to behavior person constitute the crime of abuse or corruption,pocketing the state-owned assets,and even does not involve problems such as crime,the investigators,investigators,prosecutors,judges,lawyers,and there are different understanding between the parties.The author,as one of the participants in the investigation stage of this case,thinks that the key problems in these aspects should be grasped and clarified in the case of setting up "Unit private Account" and using the funds.First,conduct a comprehensive evaluation of the objectively occurring behavior with complexity.Second,if the private "private Treasury" and the use of the funds of the behavior,harm consequences,subjective malignant,the degree of social harm are tobe punished by the criminal law,the crime should be analyzed.Thirdly,if two or more kinds of crimes meet the requirements in this case,the most serious crime shall be convicted and punished.Based on the above considerations,the author selected the case in which he participated in the investigation,and discussed such core issues as how to determine the nature of the private "Unit private Account" and how to use the funds and how to implement criminal law rules for such "Unit private Account".This paper is divided into four parts.The first part introduces the basic situation of the case,summarizes the characteristics of the case and the focus of the dispute from the main divergent opinions,and briefly reviews the gist of the first instance judgment,in order to provide the material for elaborating the views of this paper and lay the foundation for the analysis and discussion of the full text.The second part analyzes the basic attribute of "Unit private Account",summarizes the relevant theories about the application of criminal law,and differentiates the crime of corruption and the crime of abuse of power in order to get the final view of this paper.The third part is the response to the dispute focus of the case,on the basis of one by one analysis,the final conclusion of this paper.The fourth part is from the case of several considerations,including "Unit private Account" regulation status and deficiencies,the necessity of punishment,"Unit private Account" criminal law regulation recommendations and countermeasures.