Qualitative Research On The Case Of Tan,Qin Defraud National Rewards Fund To Eliminate Backward Capacity

In recent years, central committee establish special rewards fund to backward capacity for accelerating adjustment of industrial restructure upgrading. It is often occurred that corporate officers collude with state personnel to fraud and claim a lot of rewards fund, and also many criminals covet this rewards fund.“The case of Tan, Qin and Fu abusing power” related to joint crime and identified criminal nature, but China haven’t general provisions about joint crime and identity, only states in the paragraph 3 of article 382 of Criminal Law : "It is accomplice who colluded with the persons listed in the preceding to corrupt." So it is controversy for committing identity and non-identity in theory field, there are positive theory, negative theory and compromise theory. In theory and practice field, it is also a big controversy about identity and non-identity to joint crimes and basically have five views: principal criminal decision, part conviction, perpetrator decision, status criminal decision(using position), criminal objects decision. Based on the above views, it should adopt positive theory and status criminal decision(using position).“The case of Tan, Qin and Fu abusing power” obtain illegal interests through the way of defrauding national rewards fund to eliminate backward capacity, so this case should be convicted to joint crime of identity and non-identity criminal. Prosecutors accused Fu of fraud crime separately, which was unreasonable. Because Fu is non-identity criminal and also make use of Tan, Qin’s identity to abuse power, which is abusing power crime of joint crime. Tan and Qin mainly infringe the normal management of national office organization rather than the ownership of public property, so it should be evaluated for abusing power not corruption.