Crime Of Job-Related Miss-Appropriation

Job-Related Miss-Appropriation (JPMA hereinafter) is one of Property Embezzlement Crime dated back to early legislation stage. The Criminal Law circle has different views on the origins of China's JPMA. However, it is agreed that the regulations on JPMA had been first issued in Xi Zhou Dynasty, followed by more detailed regulations in Criminal Laws from Han Dynasty and Tang Dynasty. Qing Dynasty, taking reference and borrowing from the legislation modes of capitalization countries, had formulated accurate and influential items of JPMA in New Criminal Law of Qing Dynasty 1911. Every of the world legal system has specific articles or at least some involvement of JPMA, for it's widely accepted as a common crime of high frequency and negative impacts. After the establishment of P.R.China, JPMA had been for long classified into Embezzlement, instead of an independent definition with modern Criminal Law system. But now, under the pressure of increasing cases with the certain features occurring in the process of economic development by reforming and opening up, the lawmaking of JPMA cannot wait any more. The Decision of Punishing Anti-Company Law Crimes, passed by the Standing Committee of the 8th NPC, had added the JPMA as a supplement of the Criminal Law 1979. The new Criminal Law 1997 has classified the JPMA into the Chapter of Property Embezzlement Crime, with further definition of the conviction and sentence of JPMA. This improvement provides more operational legal supports for efficient striking against JPMA.In reality, JPMA, like many other crimes, shows the characteristics ofcomplexity, multiplicity and particularity. That's why there still remain numbers of issues in legal practices. The theoretic research on JPMA in China is not systemized, for we had experienced long term vacuum without detailed regulations on the crime. Meanwhile, disagreements still exist on some crucial issues, such as the concept of JPMA, elements of JPMA, differences between JPMA and other similar crimes, and punishment of JPMA, etc. For the above reasons, discussion in depth on JPMA is necessary for its high value on theory and practice.In the form of Graduation Thesis of Master's Degree, as an extension of existing research results, the article probes into the lawmaking, execution, conviction and sentence of JPMA on both theory and practice sides, with the purposes of lucubration and innovation. The article includes four parts:Part I: Summary of the lawmaking path of JPMA and brief introduction of JPMA-related regulations of foreign countries, as well as Hong Kong and Macau. Comments on varied descriptions of JPMA.Part II: Analysis on the Four Elements of Crime: Subject of Crime, Subjective Aspect of Crime, Object of Crime and Objective Aspect of Crime.Part III: Systemic analysis and demonstration of practical difficulties on conviction and sentence, eg. Crime or Crimeless, Crime Classification, Non-Accomplishment of Crime, Mass Crime and Sentence Application.Part IV: Analysis of disadvantages of JPMA lawmaking based on the research of article explanations & Suggestions on perfection of JPMA regulations.Limited by the educational level and time, this article cannot avoid superficiality and insufficiency. Please do not save your suggestions.