Analysis Of The Difficult Problems In The Determination Of The Crime Of Misappropriation Of Public Funds

In recent years,the crime of embezzlement of public funds,as one of the important duty crimes,has aroused people's high attention with the continuous increase of national anti-corruption.However,since the crime of misappropriation of public funds into the crime,because of the complexity of the elements of the crime,criminal behavior performance of the variability,resulting in the criminal law theory and judicial practice in the identification of the crime from time to time a variety of arguments.Based on this situation,this paper mainly analyzes the four elements that constitute a crime on the basis of which a large part of this paper is about the analysis of the objective elements of crime.Differences in terms of crime object has been mainly two kinds,that is a single object is complex object,the author in the paper,on the basis of many scholars view expressed own view,think about the criminal object is not only a single object,should with complex object recognition,in addition to specific refers to public ownership in the disposition of other rights as well as the national public officials embezzlement behavior should keep to its integrity;but the price of the embezzlement can become the object of the crime.This crime objective elements involved in the problems are not only has long been the focus of people talk about the problem,and is very important for the cognizance of the crime of embezzlement,for the non-specific public property can be identified as the object of the crime of embezzlement of public funds,the author holds a negative attitude,the "Noah did not use" behavior,as well as the cognizance of "personal interest" has certain influence;In addition,because there are three kinds of embezzlement behavior,so that to embezzlement "many times" and "common criminal accomplice" of that created a certain amount of difficulty,the author also puts forward some of his own humble opinion about these problems,thought "for personal use" belongs to the subjective important document,the cognizance of "seek personal interests" should not have a specific number of requirements,it is objective or subjective elements should be as the case may be,"Noah did not use" behavior should be identified in embezzlement,"embezzlement" many times that amount because of the diversity and complexity of the crime in different standards should be applied according to specific situation,The determination of the amount of "accomplice in joint crime" should be made by the theory of "participation amount".Finally,it discusses the identification standard of "state staff" in the subject of crime and several identification problems involved in the scope of the subject of crime.The author believes that the above problems are very important and key for the accurate identification of the crime of embezzlement of public funds.If these identification problems are well solved,whether from the theoretical circle or from the judicial practice,the identification of the crime of embezzlement of public funds is of great significance,but also more conducive to the protection of criminal law interests.