Explorations For Several Aspects Related To The Crime Of Embezzlement

Embezzlement is an age-old crime as it came into being together with the emergence of private ownership. In criminal laws of both oriental and western countries there were embryonic forms of legal regulations concerning embezzlement,and in modern times other countries and regions attach much attention to the crime of embezzlement too. After the establishment of New China,detailed rules for embezzlement could be once found in all legislative drafts,but legislators canceled these rules later,considering that there were few ordinary embezzlement acts,and that amount of property involved would not be great even if there were such acts. With the further evolution of reform and opening-up,considerable changes have been taking place in China's society and economy,leading to increasing amount of public and private properties,more frequent economic intercourse,and growth of embezzling public and private properties,which are badly in need of regulations of criminal law. Until the year of 1997,the crime of embezzlement was added to the new criminal law and a gap in the law has been thus filled. The measurement satisfies the need for protecting public and private properties. After an exploration for the criminal foundation of embezzlement,this thesis,probing into the constitution of embezzlement crime,makes a study of the subjective as well as objective elements of embezzlement with emphasis on the analysis about the characteristics of objects of crime and objective manifestations associated with the crime of embezzlement. It also distinguishes between the crime of embezzlement and non-crime,the crime of embezzlement and civil tort,breach of contract andimproper benefit. Meanwhile,the thesis discusses the issues of accepting the case of embezzlement on the premise of filing a legal complaint,and the incomplete forms of crime,with an explanation about discretion of punishment and attached civil action relevant to the crime of embezzlement. By referring to regulations in foreign criminal laws involving the crime of embezzlement,the writer develops her own understanding and analysis of the application of Clause 270 hi China's criminal law that handles ordinary crime of embezzlement. And this is supposed to be conducive to strengthening the basic recognition of the crime of embezzlement and enhancing the punishment of the crime by means of proper application of the criminal law.