The Study of the Crime of Using Funds Illegally
|School||Southwestern University of Finance and Economics|
|Keywords||offend exert unit crime funds crime determination|
With the level of society developing,crime and crime tools have be showing in a new appearance and characteristics also,There is a growing found social unstable factors can lead to higher crime rate directly. Data shows that public security cases, criminal cases of multiple increasing have a close relation with a large number of laid-off worker, Social security funds will have this aspect of security function, So our government pay more and more attention to the social security system and related legislation protection.From "law of labor insurance regulations "in1951to the "law of labor insurance regulations "," insurance law" etc......... Such as social security legislation still seems performance are absent. According to statistics, the national social security fund has more than1.8trillion yuan, is the national ten percent of GDP a year, is a small fortune. At the same time. Due to the social insurance fund violations by the crime amount is already up to8.794billion yuan,2006National People’s Congress standing committee passed the "criminal law amendment (six)" will must arises at the historic moment, but legislation is particularly related to social public funds in the history of our country legislation for the first time for the people’s livelihood of social security funds, so the "criminal law" in the first paragraph of article185of the provisions of the second increase in rigor and rationality of the provisions set there are a lot of controversy and the insufficiency, From legislation to implement are widely aroused at the world of the theory and practice, scholars and judicial practitioners dispute, In this article, I will Make comparisons with our country about this crime or similar to the practice of the literature at present, case and comparative analysis, Through the method of literature studying.case study, qualitative analysis method combining with historical analysis, comparative analysis and so on, Discussing the key cognizance of the crime of illegal use of funds, the author thinks that the crime of using money illegally, nature originates from the struggle of the action and embezzlement of funds, and easy to confuse it with his crime.The author analyze the key words in the legislation of this crime, which is based on the interpretation of criminal law’s position for the provision at a reasonable explanation, In order to provide some operational ideas and methods for our country’s judicial practice.