论文部分内容阅读
“小金库”中涉及的犯罪,从设立行为上而言,因为其具有违法、违规性,在情节严重的情形下,构成滥用职权罪;从处分行为上而言,由于行为方式的多样性,其可能触及的犯罪根据其行为方式的不同而有所不同。但尽管如此,在具体案件中认定行为主体的罪数问题,还应当根据行为主体参与的行为内容及设立与处分行为之间是否存在牵连关系等因素来予以准确的认定,行为主体只应当对自己实施的行为承担责任,如果实施的行为之间具有牵连关系,那么应当按照牵连犯的处罚原则进行处理。
Crimes involved in “small treasuries” are guilty of abusing their power in the setting up of acts because of their infringement of laws and infractions and, in the case of serious circumstances, crimes of abusing their power; and in the act of disposition, due to the diversity of modes of conduct Sexes, the crimes they may touch, vary according to the way they behave. However, in spite of this, the issue of determining the number of crimes committed in a specific case should be accurately determined according to the factors such as the involvement of the actors and the implicated relationship between their establishment and sanctions, and the actors should only identify themselves The acts committed shall bear the responsibility. If there is an implicated relationship between the acts carried out, they shall be dealt with according to the punishment principle of the implicated criminals.