Research On The Issues Of Crime Of Embezzling Public Funds

Crime of embezzling public funds is a sort of common incumbency crime Due to the overly simple definition of it in criminal law, there arises different understandings of its constitution in theory and judicial field, they leads to confusion in the process of enforcing the law .The essay attempts to demonstrate the existing issues from the respects of criminal object criminal subject, criminal objective aspect as well.First section, the abject and target violated by crime of embezzle public funds. Theoretically, there exists disagreement in this point.While the author holds that the object is the duty honesty of state functionary's; the target is public funds, including public property.Second section. Crime subject. The range of state functionary is difficult to define and it is always in confusion that the personals' classification who belongs to nation, is appointed and act offical duties pursuant to law. The essay supports the view that the standard of state functionary showed see whether he is engaged in official duties.Third section objective aspect. The substantial disagreements focus on the meaning of utilizing by oneself; Not returning over three months, refusing returning profitable doings, illegal actions and so on. The essay also illustrates its own opinion.