Research on Criminal Regulations of Misappropriating Unit Obligatory Right —Based on the Case of Misappropriating Company Obligatory Right by Chu
- 1 College for Criminal Law Science of Beijing Normal University, Beijing, China
- 2 Law School of Beihang University, Beijing, China
- 3 Beijing Fourth Intermediate People’s Court, Beijing, China
Abstract
In order to clarify whether misappropriating unit obligatory right constitutes the crime of misappropriating funds, the research starts from the object of the crime of misappropriating funds and makes it clear that its object is the right of possession and utilizing in the ownership of funds. Through research, it is found that the original intention of the legislation for the crime of misappropriating funds is to protect the assets of units that can be used immediately to perform the exchange function, and the difference between obligatory right and ownership of funds is whether it can be withdrawn, paid or used at any time. So the conclusion of the study is, for the behavior of misappropriating unit obligatory right, if the obligatory right is not due, it does not constitute the crime of misappropriating funds, and if it is due, it shall constitute the crime of misappropriation of funds.
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