The Research On Judicial Cognizance Difficult Issues Of Misappropriation Of Public Funds

This paper research on judicial cognizance five difficult issues ofmisappropriation of public funds. It includes legal explanation application, use ofother units, punished by corruption, crime number form, nature of repeatedappropriation, amount cognizance and so on. The significance and innovation of thispaper lies in applying research achievements of misappropriate of public fundsresearch by existing theory with misappropriate of public funds cases involved induty crime ivestigation and prosecution of prosecutorial organization of Sanming Cityto make comprehensive analysis of the above five judicial cognizance difficultproblems of misappropriate of public funds and give corresponding solutions, whichare clear and resonable.In this paper, the basic research content has five parts: The first part is the legalapplication of misappropriate of public funds. By idividually clarifying and analyzingmisappropriate of pubic funds explanation made by three authorities of The NationalPeople’s Congress, The Supreme Court and The Supreme People’s Procuratorate, inaccordance with the doctrine of observing old lawsandnew ones withlighterpunishnent,it draw the conclusion that as for the provision action of TheNational People’s Congress’ legislative explanation, if it occur before explanation, itdoes not apply for legislative explanation, so it shall not covicted as misappropriate ofpublic funds and other crimes consititued shall only be dealed as other crimes; Thesecond part is qualitative issue of "misappropriation of public funds for the use ofother units". It analyzes three views and reasons including negative statement existingin the theoretical circle. And from the nature of the personal use and the need to fight against crime to explain my view about it is ditinguished statement. At the same time,it discusses with empirical cases that “misappropriation of public funds for the use ofother units for both personal and unit interests” behavior shall be classified asditinguished statement; The third part is that cognizance of “misappropriation ofpublic funds is punished as corruption". It focuses on analysis of whether the twomajor issues “huge misappropriation of public funds without return” and “abscondingwith misappropriation of public funds” are regarded as corruption and on the basis ofanalysis of theoretical perspectives and reasons from the point of characteristics ofcorruption and misappropriation to illustrate that for the above two issues, I hold theview that the former is inappropriate to corruption, while the latter should be regardedas corruption; The fourth part is crime number cognizance of misappropriation ofpublic funds. It focuses on crime number issues of two kinds of behavior, that is,misappropriation of public funds for illegal activities and personal decision to givepublic funds to other units to take bribes. It uses existing views and reasons intheoretical circle and empirical cases to illustrate my view is that the two kinds ofbehavior should be treat differently. For one behavior, it should choose the heavycrime to punish; For two deliberate crime in succession, it should be punished forseveral crimes; The latter is for taking bribes, it should combine punishment forseveral crimes. The fifth part is cognizance of “repeated misappropriation of publisfunds”. In nature, it mainly use the method of comparison and analysis with empiricalcases to illustrate that “repeated misappropriation of publis funds” as sentencingaggravating circumstances should be crime characteristic; In amount, it mainlythrough six views exsiting in analysis theoritical circle to draw my view on specificrules should be taken for amount cognizance of “repeated misappropriatiom of public funds”: it should be divided into four cases, and under the principle of in favor of thedefendant analyze specific conditions. In this paper, the main research method is ecomparative analysis, document study and empirical cases research. The conclusionof this paper is for judicial cognizance five difficult issuses of misappropriated ofpublic funds should take reasonal and peaceful methods to make balance of protectionof human rights and fight effectively aganist the crime of misappropriated of publicfunds to the greatest extent without indicrimination; I hope that through unifiedjudicial cognizance standard of misappropriated of public funds to make existing lawapplicable and reasonable, to prevent the same or similar cases and by my shallowanalysis it can be helpful for judicial practice, to make crime more reasonable,accurate and fair in order to ensure the implementation of the principle that everyoneis equal before the criminal law.