Research On Basic Issues Of Embezzling Public Fund Crime

The research on the fundamental theory of embezzling public fund crime—one basic form of professional economic crime, is in need of urgent deepening in the criminal jurisprudence and judicial circle. On one hand, there are numerous different views among the crime constitutive theory which need to be sorted out; on the other hand, the legislation itself also needs our close attention.After the promulgation of new penal law code, the subject of embezzling public fund crime has reduced into the national working staff and people engaged in public affairs legally. The dispute on the subject mainly concentrates on whether the people "manage state-owned property by the way of trusting" belong to the "people engaged in public affairs". As to the object, this crime has complicated objects, but what it firstly violates is the incorruptible and self-disciplined nature of national working staff's working performance, which makes itself distinguishable with the ordinary economic crime. Theoretically, it is far from being enough that only taking the embezzling crime into willfully crime. Only after excavating the crime motive of "in order to seek the individual interests", can we find out the criminal's subjective essential characteristics. In the perspective of safeguarding incorruptible and self-disciplined nature of national public official performance and security of state-owned property, the interpretation of criminal jurisprudence and law lay more emphasis on the objective thing of embezzling crime, while "the public funds usage" should not act as the objective essential condition of embezzling crime. The interpretation on "toindividual usage" stipulation between criminal jurisprudence and law also have contradiction within themselves. Therefore, on the whole, the present legislation is in lack of knowing and induction of the essential conditions on the subject and object of embezzling public funds.To solve the problems about constitutive essential conditions of embezzling public fund crime in the legislation approach, we should get hold of the legislation value orientation at first, adopt the neutral values and give consideration to the protection guarantee function of criminal jurisprudence. Make sure to have a think about prudently publishing while emphasizing the function of protecting, meantime protect the interests of subject that is violated by the crime. At the same time, the criminal jurisprudence restriction should be taken into the consideration of legislators.