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Key Issues On The Crime Of Misappropriating The Enterprise's Funds

Posted on:2006-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:C SunFull Text:PDF
GTID:2166360185953439Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
the crime of the embezzlement of non-public funds refers to the criminal action that the employees of companies, enterprises embezzle the funds from their employers. It's main difference from the crime of the embezzlement of public funds ,which itself derived from, is the different object, which represents different ownership。China has created a fundamental economic system which is defined as a system based on the mainbody of public ownership, meanwhile with the development of the economy of other different ownership type. In the mixed-owned or non-state-owned enterprises, the employees and the those who manage the enterprise according to a contract, can all become the mainbody of this crime, we just need to confirm whether it is serious enough to be cognizance as crime. But even working in the authorities, state-owned companies and enterprises, in the public organs, the public communities, people, if he or she doesn't has the status of an national public official, and is entrusted to manage and run state-owned property, can also become the mainbody of the crime of the embezzlement of non-public fundsCompany or enterprise itself is not a legal mainbody of this crime, so when make the responsibilities, we should make sure whether the funds is embezzled to an artificial person or to a natural person, and whether it is in the name of the company or enterprise.And we also have to face the problem if a person embezzled public properties except fund----it was not included in the statute up to now.The complicity of this crime includes the crime of embezzler and user , those has the status and those doesn't have, and those have different status, the status always become the key point.When the embezzler elopes with the funds, this crime transforms into another kind of crime. Here it is very important to make clear what the elopement refers to, this is also part of the content of the essay.
Keywords/Search Tags:the crime of misappropriating the public funds, individual, public funds, complicity crime, transformation offense
PDF Full Text Request
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