Research The Crime Of Embezzlement

The crime of embezzlement is an ancient charge. All through the ages, the national ruling class takes strong measures against this key crime, which is regarded as one kind of serious functionary criminalities, in order to coordinate the ruling relations and maintain the ruling position. In our country, the stipulation for the crime of embezzlement has a long history. Although at that time there was no charge for the crime of embezzlement, we can trace the stipulations for the crime of embezzlement back to the Xia Dynasty which is about 4,000 years apart from now. Besides, different ruling classes have different stipulations for the crime of embezzlement on the legal regulations and social system in different times. Just like renowned historian Mr. Wang Yanan says: "A China's twenty-four dynastic histories, is solid a history of embezzlement." Since the reform and open policy, the embezzlement crime phenomena are always forbidden but never stop and even more serious day by day along with the development of our country's economic system, especially in the transitional period of the planned economy to the market economy. In this cause, some new characteristics, such as many changes on the subject, object and manners of crime brought definite difficulties to the punishment fits the crime of embezzlement. The article tries to bring forward own understanding and opinion upon the punishment of embezzlement crime and hope to supply some reference for the punishment of embezzlement crime in the judicial practice on the basis of research and discussion of the concept, constitutive requirements of embezzlement crime, embezzling amount, complicity and so on. The thesis is divided into 5 chapters. First, the concept of embezzlement crime is summed according to the rules and regulations in actual Criminal Law which are concerned in the crime of embezzlement. In addition, I discuss four parts including the object that the crime infringes upon, external requirements, subject requirements and subjective requirements. Thus, it has some guidance of overall grip the crime of embezzlement of basic construction. Second, I discuss the definition between criminality and impeccance of act of embezzling by the amount according to the analysis of starting point of punishment of the embezzling amount or the total amount of complicity. It has some guidance of determining the commission of embezzlement crime by the standard of amount. Third, 3 basic viewpoints on determining accomplishment or not of the crime of embezzlement in our country are introduced. I carry out my comprehension by comparative analysis of the 3 viewpoints. Fourth, I have positive discussion on determining the collective embezzlement criminality which is implemented by the subjects with different positions by analyzing the definition of the crime of collective embezzlement and basic characteristics. Fifth, taking the analyses of the stipulation of the punishments and kinds in actual Criminal Law as the basis, I discuss the lawmaking bug of the punishment of the embezzlement crime and bring forward my imagination of reconstructing the punishment of the embezzlement crime.