Research On Subject Of Crime Of Embezzlement

I first look back to the lawmaking history of the subject of crime of embezzelment in order to find out the essential characteristics of the subject of crime of embezzelment. The key point of this article concentrates on the categories of the subject of crime of embezzelment. The last part of this thesis point out the limitation of the subject of crime of embezzelment and makes some suggestion to try to perfect the problem from the angle of legislation.Through the thorough discussion and research, we draw a conclusion that the essential characteristics of the subject of crime of embezzelment is engaged in public service. The author also has a research on the sphrere and characteristcs of public service and analyzes the difference between the public service and labor service.According to the criminal law the subject of crime of embezzelment includes three parts: state funtionaries, persons who are appointed and sent by state organs, state-owned companies, enterprises, institutions or people's organizations, the staff of a state-owned insurance company. According to the article of Criminal Law 93 state functionaries as mentioned in this law refers to personnel of state organs who are engaged in public service according to law. Personnel of state-owned companies or enterprises or institutions and people's organizations who are engaged in public service and personnel who are appointed and sent by state organs, state-owned companies or enterprises or institutions to non-state-owned companies or enterprises or institutions or mass organizations to carry out public service, and other personnel who are engaged in public service according to law, shall be assumed state functionaries. Persons who are appointed and sent by state organs, state-owned companies, enterprises, institutions or people's organizations are non- state functionaries. The staff of a state-owned insurance company includes state functionaries and non -state functionaries.In the end the author analyzes the weak points of the subject of embezzlement and put forward we should limit the sphere of the subject of embezzlement.