Research On Some Issues Of Embezzlement Crime

The Embezzlement crime is one kind of common duty crime.It has identity points of duty criminals, as well as general characteristics of common criminals. Our country took continuously the punishment of Embezzlement crime as a long-term political task to grasp. Along with the continus deepening of the economic reformation of our country, Embezzlement crime appeared many new characteristics. It has also met many new correlation problems in the judicial practice.In aspect of fundamental research of criminal law, although some valuable results about Embezzlement crime problems, such as subject of crime, criminal object, criminal modality and joint crime ,has yielded since the implementation of 1997 criminal law, but much understanding difference still existed on the related problems. Moreover, it has also initiated certain dispute that defined the subject and object of Embezzlement crime during the course of the transformation of state-owned enterprise. Because of these problems, the article took the present legislation of Embezzlement crime as the basic point, unified some cases, and made the above problems to further discuss and theoretically explane with the method of comparison, synthesis and analysis. I hope the article give the judicial personnel to provide some suggestions.This article altogether divides four following parts altogether:The first part analyzed the characteristic and Implication of "deal with public affairs", studied the definition of "quasi-state personnel" and the other personnel with emphasis, illustrated reasonably the subject range of Embezzlement crime, carried on the elaboration regarding the Embezzlement crime subject problems during the course of the transformation of state-owned enterprise. The second part analyzed the legal object of Embezzlement crime, clarified the implication of the public belongings, the insurance money, this unit belongings and the present which must turn over to the authorities, judged whether the non visible property can become Embezzlement crime object, and thought that the object has no longer limited to public belongings ,thus broken up the traditional theory of "object of crime must be public belongings". Whether has the part judged certain properties or belongings can become the object of Embezzlement crime during the course of the transformation of state-owned enterprise.The third part affirmed the viewpoint that Embezzlement crime existed uncompleted criminal modality on the basis of analyzing different points on criminal modality In criminal law theory and using criminal law basic principle.It has analyzed the concept and characteristic of the preparation, discontinuation of a crime and criminal attempt, and carried on the elaboration of differention of the standard between criminal attempt and completing.The fourth part has analyzed the concept and characteristic of joint crime of Embezzlement crime, studied cognizance of joint offence by the different status suject with emphasis.It has recognized the crime amount of each violates of joint crime, comparied the advantages and disadvantages of the different academic points of view. Further deepened the qualitative and quantitative analysis to the penalty and punishment of the joint Embezzlement crime.