Case Study About Crime Of Embezzlement Of Public Funds In Mergers And Acquisitions Of State-owned Enterprises

The crime of embezzlement of public funds is one of the most frequent types of official crimes.Since its establishment,although our legislative and judicial organs have issued relevant judicial interpretations on controversial issues such as embezzlement of public funds and the definition of state functionaries,with the development of economy and the characteristics of the multiplicity and complexity of cases in practice,some issues are highly controversial in both academic and practical circles.With the continuous development of market competition,mergers and acquisitions are becoming more and more common.And a large number of state-owned enterprises have gained more advantages in the fierce market competition through mergers and acquisitions and asset restructuring.However,some economic crimes in the process of mergers and acquisitions and assets reorganization of state-owned enterprises have certain complexity.Because of the particularity and complexity of the ownership structure and property rights relationship of compani es and enterprises in the process of asset reorganization,some former state-owned enterprise staff have overlapping authority sources and identity attributes in the process of restructuring.This makes the theoretical research and judicial practice of state-owned enterprises in the merger and acquisition reorganization of misappropriation crimes,how to identify the existence of controversy.From the case of arresting a certain embezzlement of public funds,Song embezzlement of public funds and Bai embezzlement of public funds,the controversial focus of such cases mainly includes three aspects: first,the definition of state functionaries;second,the identification of embezzlement behavior;third,whether the funds involved in the case are public funds.By summarizing the different viewpoints of the three controversial focuses and analyzing the sample cases,the identification of the state staff in M&A and reorganization of enterprises involving state-owned capital should be seen from the following two aspects: whether they meet the formal requirements,that is,whether they are appointed by the appointing subject.Secondly,it depends on whether it is actually engaged in public affairs,i.e.whether it manages state-owned assets;the determination of misappropriation mainly depends on whether the actor has private interests and secrecy;if the actor misappropriates property for other purposes without legal process for his personal interests,his behavior is misappropriation;as for the determination of the funds involved,he should base on the money he keeps in custody when mising.Whether the source and use of the misappropriated funds are under the control of the public authority or not determines whether the misappropriated funds are "public funds".There fore,in the three sample cases,the act of arresting a certain person and Song a certain person should constitute the crime of embezzlement of public funds,and the act of Bai a certain person should constitute the crime of embezzlement of funds.