Researches On The Crime Of Embezzlement

Embezzlement is a complicated sort of crime. As there still exist many unclear understandings of it like convictions and penal discretion, the intends to make them clear in an attempt to help develop the making of the law.The article first presents the definition of the embezzlement crime and analyses the defining principle, pointing out that the crime shouted be defined according to the basic features and nature of it, and finally concludes that embezzlement is a criminal behavior in which the state personnel exploit their powers to illegally own large amounts of possession It analyses the formation of the crime with the help of the cases from the legal practices: the objects stipulated by the current criminal law and different objects at different phases of history; the definition of the subject s of embezzlement saying that the subjects of embezzlement are featured by their official business comparisons of business definition with for foreign laws and comparisons of official business and private business; definitions of various subjects ;the Clarification that the embezzlement is dire cutely in tensional on the part of the subjects; the objectivity of embezzlement mainly concerning the chlorination on exploiting powers and it's several relegations.The analyses of the above issues are for the sake of the final convictions and penal discretions of embezzlement the conviction discussed in the article is on the criminal law level and is the recognition of embezzlement the main points of the article are the definitions of the crime and accomplice the conviction is the declaration that the behaviors of the person concerned has formed a crime while the penal discretion is a declaration of punishment deserved by the person concerned for his behaviors the remain many disputes about the criminal law as to the amounts ,penal discretion, plots and especially the probation and death penalty of embezzlement .As a result ,the author studies the cases from the basic courts and finds out the problems comes up with his own opinions and suggestions about the measurements of penalty of embezzlement in a way of economical analysis.