The Composing Of Embezzlement And Judicature Knottiness

As a special phenomenon, embezzlement, just as other things, has changed constantly, The enforcement law can't suit for the needs to control embezzlement, and we have to utilize the law which was out of date to solve the new problems which related to embezzlement. The article discusses the characteristics of embezzlement's constitution and the difficulties of judicature knottiness, which are basis of How to comprehend and use contemporary law judicial interpretation jurisprudent interpretation.The article includes three parts, Chapter one touches on chiefly the evolution of the law concerning embezzlement. Some conceptions are chosen to be presented, including those employed in the former criminal law and those applied in the revised law after 1993 March.. Their rationness is also analysed; Chapter two is devoted to greatly the study of the characteristics of embezzlement. Which is talked about from four points: subject, object, subjectivity and objectivity. This presentation is based on the study of the contemporary law , completed with the reference of the theoretical results of a number of experts and scholars. Still, relative legislation interpretation and judicial interpretation and a large amount of cases are investigated into; Chapter three focuses on with emphasis the characteristics of embezzlement and non-criminal, embezzlement and other relative criminal, embezzlement accomplished and embezzlement not fullfilished.