Analysis On The Cases Of Scientific Research Funds Collected By Scientific Researchers In Colleges And Universities

In recent years,there are more and more cases of embezzlement of scientific research funds by university researchers in judicial practice.How to convict and punish such cases has aroused heated discussion in the theoretical and practical fields of law.The author selects four representative cases and analyzes the basic cases.In the court trial,the disputes between the accusers and the defendants mainly focus on the following aspects: whether the scientific researchers in colleges and universities have the identity of state personnel,whether the scientific research funds belong to public property,whether the scientific researchers in colleges and universities have the post convenience to use and whether they have the purpose of illegal possession.It is of theoretical and practical significance to study such cases for the judicial organs to apply the law and improve the management of scientific research funds.Through combing the relevant laws and regulations of our country and the judgment opinions of the court,combining with the leading-edge theoretical research of scholars,using the legal interpretation method,case analysis method and other research methods,we can draw clear conclusions for the focus of disputes:the head of the research group of public universities should be identified as state personnel,and the management of the research topic by the head of the research group belongs to "engaged in public service",which is the personnel engaged in public service in the state-owned institutions;the research fund of public universities should be identified as "public property".Among them,the vertical scientific research fund has the nature of "public property" due to its setting purpose,fund source and purpose,while the horizontal scientific research fund is under the supervision of public universities,which belongs to the property managed and controlled by state-owned institutions,and can also be the object of crime of corruption;the person in charge of the research group has the post convenience of "in charge" for the scientific research fund,and can require the supporting unit of the project(financial management departments of colleges and universities)allocate or reimburse scientific research funds,but the ordinary scientific research personnel have no post convenience;after using illegal means to collect public funds,if they do not used for the money for official purposes,they should be recognized as having the purpose of illegal possession.The case handling organ should accurately grasp the standard of entering the crime,keep the modesty of criminal law,and should not expand the scope of attack at will.Only a small amount of the act of withdrawing funds strictly in line with the constitutive requirements of the crime should be evaluated for the crime of corruption,and the rest should be given appropriate punishment of Party discipline and government affairs.In order to improve the management of scientific research funds,we should adjust the reward of scientific research performance,strengthen the supervision and inspection of funds,strengthen the education of discipline and law and the allocation of personnel.