Font Size: a A A

On Embezzlement

Posted on:2009-08-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:M LuoFull Text:PDF
GTID:1116360272984060Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
To be creative is quite hard in the study of every kind of crimes. This article is neither the general study of different crimes nor the study on some certain kind of crime, but study on embezzlement including anything concerning this subject from all chapters in the second part of our criminal code. Embezzlement is characteristic of the act of embezzling or misappropriation. We seldom find such study as the generalization of embezzlement. This article aims at such a kind of generalization so as to provide any suggestion on this subject both in legislation and adjudication.Historical, comparative, and positive ways of study are used in this article,which works on the act of embezzlement. Firstly, it traces its legislative history, character and nature; then combine the embezzlement of public funds, ordinary funds, special goods and several other relative crimes together, based on but not limited from judicial process, and give a general study from both the perspective of what it is and what it ought to be; in the end, it discusses the special situtation of such a crime.It is necessary to follow its legislative history before the study of a crime. Therefore, this article starts from our legislation on this issue in the history, as well as that of other countries and the UN.Embezzlement is a separate crime; but because of the different traditions of different countries, they give different meaning to this crime in its legislation thereof. As to our criminal code, the character of official, willingly, privacy, secrecy, social danger and criminal illigality is ascribed to this crim.Following the above analysis, this article discusses some important issues concerning this matter. We have embezzlement of public funds, ordinary funds and special goods in our code, but the 6th clause of the amendenment of the criminal code provides some crimes which are characteristic of embezzlement though not bearing this name. Therefore, this article give a detailed analysis on these five crimes and reaches some reasonable conclusions.Finally, based on the analysis on the act of embezzlement, it deals with some other important questions of this crime.
Keywords/Search Tags:embezzlement, act of embezzlement, embezzlement of public funds, embezzlement of ordinary funds, embezzlement of special goods, embezzlement of funds in trust bona fide, using funds illegally
PDF Full Text Request
Related items