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[Typical case]
Wang，Male，Member of the Communist Party of China，Deputy Director of a Municipal Transportation Bureau，Construction Headquarters of a Major Highway Project (a subsidiary agency of the Municipal Transportation Bureau，Hereinafter referred to as the "Command") person in charge。December 2018，City A Highway Engineering Co., Ltd. (private company，Hereinafter referred to as "Company A") urgently needs to pay the wages of migrant workers，Li, Chairman of Company A, found Wang，Requesting Wang to borrow 3 million yuan from the headquarters for Company A，Wang agrees。December 20, 2018，Approved by Wang Mou，The headquarters lent 3 million yuan to Company A。May 20, 2019，Company A returned the above loan。After investigation，Wang did not seek personal benefit from it。
[Different opinions]
This case is in the process of being processed，There Sky bet football are differences Sky bet online sports betting APP download on whether Wang’s above-mentioned behavior constitutes the crime of misappropriation of public funds。
The first opinion is that Wang is the deputy director of a certain city’s transportation bureau、Head of command，Knowingly that 3 million yuan is the company’s public funds，Illegal loan of the money to Company A，As a result, the funds were out of the control of the command headquarters for 5 months，Although Company A eventually returned the money，But Wang’s behavior constitutes the crime of misappropriation of public funds。
The second opinion is that although Wang has illegally loaned public funds，But the borrower of the 3 million yuan loan is Company A，Does not meet the requirements of "misappropriating public funds for personal use" in the crime of misappropriation of public funds in Sky bet online sports betting APP download Article 384 of the Criminal Law，Wang’s behavior should not be considered to constitute the crime of misappropriation of public funds，It should be characterized as illegal lending of public funds，Evaluated based on violation of work discipline。
【Comments】
The author agrees with the second opinion.
1. Wang’s behavior does sky bet online sports betting not constitute the crime of misappropriation of public funds
Sky bet online sports betting APP download Article 384 of the Criminal Law，State workers take advantage of their positions，Misappropriation of public funds for personal use，Performing illegal activities，Or the amount of misappropriation of public funds is relatively large、Carrying out profit-making activities，Or the amount of misappropriation of public funds is relatively large、Not repaid for more than three months，It is the crime of embezzlement of public funds。The first opinion above，Wang as a national worker，Using his position to misappropriate 3 million yuan to Company A，The act of not returning the goods for more than three months，Situations that meet the statutory crime of misappropriation of public funds，Should be found guilty of misappropriation of public funds。But because it did not consider the specific requirements of "misappropriation of public funds for personal use"，Therefore，This view is wrong。
According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Misappropriation of Public Funds" (Fa Interpretation sky bet online sports betting [1998] No. 9，Hereinafter referred to as "Explanation"sky bet online sports betting )，Crime of embezzlement of public funds，There are three specific manifestations: (1) Misappropriation of public funds for personal use，Large amount、Not repaid for more than three months；(2) The amount of embezzlement of public funds is relatively large，Individuals conducting profit-making activities；(3) Misappropriation of public funds for personal use，Gamble、Smuggling and other illegal activities。visible，No matter what specific manifestation，“Personal use” is a statutory requirement for the crime of misappropriation of public funds。
In this case，Wang lent 3 million yuan of public funds to Li’s Company A in the name of the headquarters，Whether it is misappropriation of public funds for personal use？This involves the understanding of the meaning of "for personal use"。"Explanation" was once clear，“Misappropriation of public funds to private companies、Used by private companies，It is misappropriation of public funds for personal use”。According to this understanding，In this case, Wang lent public funds to private company A，It is undoubtedly an embezzlement of public funds for personal use。sky bet online sports betting But April 28, 2002，The Standing Committee of the National People's Congress issued the sky bet online sports betting "Interpretation on Paragraph 1 of Sky bet online sports betting APP download Article 384 of the Criminal Law of the People's Republic of China"，Using the convenience of position for state functionaries as stipulated in the first paragraph of Article 384 of the Criminal Law，The meaning of misappropriating public funds “for personal use”，Special legislative interpretation was carried out，its provisions，One of the following three situations，It is misappropriation of public funds for “personal use”: (1) using public funds for yourself、Used by relatives, friends or other natural persons；(2) Using public funds for other units in an individual’s name；(3) An individual decides to use public funds in the name of the unit for other units to use，Seeking personal gain。This legislative interpretation clarifies the specific meaning of misappropriation of public funds for “personal use”，Relevant definitions in the "Interpretation" of the Supreme People's Court，Due to conflict with legislative interpretation，Sky bet football No longer applicable。Therefore，It cannot be because Wang lent 3 million yuan to a private company，It was Sky bet sports betting APP deemed that he had misappropriated public funds for personal use。
Wang’s decision in this case，Lending 3 million yuan to Company A in the name of the headquarters，According to the legislative interpretation of the National People’s Congress Standing Committee，It must be verified that Wang is seeking personal interests，Only when it can be proved that the misappropriation of public funds was “for personal use”。But after verification，Wang did not seek personal gain in this case，Therefore，His behavior does not meet the statutory requirements for the crime of misappropriation of public funds，Does sky bet online sports betting not constitute the crime of misappropriation of public funds。
二、Wang’s illegal lending of public funds is a violation of work discipline
Although Wang’s behavior does sky bet online sports betting not constitute the crime of misappropriation of public funds，But it will be managed by the headquarters、The fiscal allocated funds used are 3 million yuan for lending，Violated Article 21 of the Ministry of Finance's "Financial Rules for Administrative Units" "Project funds obtained by administrative units from the financial department or superior budget unit，sky bet online sports betting Should be used in accordance with approved projects and purposes” and Article 40 “Without Sky bet football approval from the financial department at the same level，Administrative units shall not take possession、The state-owned assets used are leased to external parties、Lending” regulations。Wang should be deemed to have violated work discipline，And in accordance with the "Regulations on Disciplinary Punishments of the Communist Party of China", the "Law of the People's Republic of China on Governmental Punishments for Public Servants", "Regulations on Punishments for Civil Servants of Administrative Agencies" and other relevant provisions, they will be given party disciplinary and governmental sanctions。(Inner Mongolia Autonomous Region Commission for Discipline Inspection and Supervision, Zhao Yubin)
Editor: He Shan