论挪用之“用”

On Use of Funds of Crimes of Misappropriation

挪用型犯罪中的"挪"与"用"各有其意义,对于挪用型犯罪的成立均有其独立的价值。挪用之"用"具有一般意义与具体用途两个层次的含义:其一般意义是指单位资金的支配;其具体层面上"用"的含义是指"非法活动""营利活动""其他活动"。挪用之"用"具有限定挪用犯罪的处罚范围、判断挪用成立与否的关键因素、区分挪用类型的成立条件与挪用犯罪的处罚条件等功能。注重挪用之"用",对于解决挪新还旧以及挪用犯罪追诉期限等问题均有重要意义。

Both transfer of funds and use of funds all have its influence among crimes of misappropriation. The use of tunds in crimes of misappropriation have two kinds of meanings, the general meaning and the specific meaning. The general meaning of use of funds means the controlling of funds. The specific meaning of use of funds means using funds in illegal activities or profit- earning activities or other activities. The use of crimes of misappropriation have several functions such as limiting the range of crimes of misappropriation, critical factor in the judgment of the action of misappropriation, and distinguishing establishment of misappropriation from the conditions of punishment. Pay attention to the functions of the use of crimes of misappropriation, these problems such as the amount of funds during transferring new funds to repay funds formerly transferred, and limitation of prosecu- tion, can all be solved easily.