The Guidance Function of Cases of Misappropriation of Public Funds in Transitional China—With the Reference to Criminal Trial of the Supreme People’s Court of China as a Sample of Analysis

摘要

, , , , 10: “”“” , : Compared with the traditional offenses of embezzlement, bribe-taking and so on, the misappropriation of public funds is not a routine charge but a result of the response of criminal law to social transition. The fact that a number of difficulties have arisen in legislative and judicial procedures relating to this offense makes the value of case reference material significant. The Supreme People’s Court of China attaches great importance to the publication of cases of misappropriation of public funds, which offer guidance and reference for real-life adjudication. Cases publicized in the last decade reflect a judicial emphasis—they focus on the official nature of the duties performed by the subject, on understanding “for individual use” from the viewpoint of formal rationality and on a cautious interpretation of the connotations of “public funds.” Publicizing such cases facilitates reaching the same verdict in similar cases and at the same time acts as a catalyst for the advancement of theory and practice.View full textDownload full textKeywordsthe crime of corruption, misappropriation of public funds, social transition, cases, Reference to Criminal Trials Related var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/02529203.2011.625193