析“挪而未用”行为之定性

Analysis on Nature of the Act of “Misappropriate Public Funds but Haven't Used”

挪用公款罪立法上的不完善导致理论界和实务界对该罪的诸多问题都存有争议,对于“挪而未用”的行为如何认定即是其中较突出的问题。文章试从挪用公款罪的犯罪构成、犯罪形态等角度着手,认为对于“挪而未用”的行为应当认定为构成挪用公款罪的既遂。

The imperfect legislation on the crime of misappropriating public funds leads to disputes on the issue both in the theoretic and practical field, among which the identification of the act of ＂misappropriated but haven＇t used＂ is an outstanding issue. The article holds the viewpoint that the act shotdd be regarded as the accomplished form of the crime of misappropriating public funds from such aspects as the theory of constitutive elements and criminal pattern.