Embezzlement Of Public Funds Identified In A Number Of Problems

Identification of appropriation criminal is always a difficulty in professional criminal acts. Therefore relative authorities accordingly made litigation and legal interpretation. This paper, based on practical issues, conducted discussion about the acute problems in the identification of appropriation criminal in the following four partsPart one put importance on the identification of criminals. According to the broad definition of " Public Funds" in item I, clause 384 in Criminal law, author made points that: 1. Public Funds are not confined to government funds; 2. financial securities can be objective of appropriation followed similar result if use it illegally; 3. objective of appropriation excludes non-special public objectives; 4. Even the operant of appropriation only wanted use public money temporarily, it still falls on criminals category.Part two shows us how to define the terms of " individual use" . At first, individual appropriation for other units was discussed with the opinions as follows: 1. Being sure about the meaning of "in the name of individual" , differing it from "in the name of unit" ; 2. "individual decision, compared with group decision, is personal thinking and behavior; 3. "pursuing for individual interests" is to satisfy personal interest. If not, so is it as long as the subjective sense; 4. understanding the extension of "other units" , which includes private enterprises without artificial being identification. If the funds are given to state-owned, collective enterprises or their contractors, such behavior, based on current valid litigations, will be regarded as " Appropriation Criminal" under any conditions. Of course, if the funds are offered to...