That The Crime Of Embezzlement Of Public Funds And Improve The Idea Of Legislation

Embezzlement of public funds and is a serious economic crime. From the people's courts in recent years admissibility case of economic crime situation, this crime after the crime of corruption and accepting bribes, fraud residing in fourth place, it should be said that China's 97 "Criminal Law" on the embezzlement of public funds and the requirement is comparatively clear-cut, to combat criminal acts of misappropriation of public funds will provide a favorable legal weapons. Of course, the law should be true to life and never in the time of the actual operation of the judiciary. From the practice of justice, embezzlement of public funds and in recent years the judiciary and the legislature to explain to the Third, in terms of job-related crimes is the most frequent, resulting in misappropriation of public funds because of the excessive application of the law time and time again and controversy become the focus of attention of the legal profession. However, the judicial practice of the endless number of new issues, the administration of justice on the one hand to increase the degree of difficulty, on the other hand, reflects China's criminal legislation in a number of shortcomings. Punishing corruption is the state of our party and the top priority of clean government, the protection of human rights, the Chinese Constitution clearly stipulates that an important value. The embezzlement of public funds and in the Elements of Crimes a fuzzy, not entirely in line with the principle of legality, which is not conducive to the crime of misappropriation of public funds for the protection of criminal suspects and defendants, the legitimate rights and interests, thus it is necessary for the very crimes legislation a systematic and in-depth study.I will be comparative analysis of assessment methods and demonstrate their views. In the paper on the paper's opinion, will be used by academic scholars demonstrated to be discussed. The proper papers were divided into three parts:For the first part of the crime of misappropriation of public funds outlined. In the new history of embezzlement of public funds and the Chinese Criminal Law has gone through a progressive development and gradually perfect the process, a comprehensive understanding of the evolution of this development process, the correct understanding and grasp of the crime of misappropriation of public funds, it is extremely necessary. The second part is divided into Part II papers identified in the embezzlement of public funds and issues related to the crime and explore a number of issues to be summarized. Mainly from the main issue of embezzlement of public funds and targeting problem of the personal use of the period and the issue of the restitution of that in practice more difficult problems, identify the crime of the above-mentioned issues in the legislative shortcomings.Partâ…¢paper is divided into embezzlement of public funds and improve the legislative issues. Despite the March 1997 amendments to the "Criminal Law" after the embezzlement of public funds and to a certain extent the terms of revising and improving, but the existing "Criminal Law" in the embezzlement of public funds and the Legislative Council because of some defects and shortcomings, which still the need to improve. This paper base and some of the legislative shortcomings, the same crime will be the main target and objective elements, such as penalty aspects of the crime of misappropriation of public funds targeted on the improvement of the problem. The main basis for the protection of human rights, the principle of legality and judicial practice.Based on that, in the embezzlement of public funds and various difficult problems on the analysis, put forward the following legislative changes envisaged in the terms of "public funds" to the charges against the problem, the amount of public funds, to delete "not more than three months also" Elements of the problem, the "misappropriation of public funds not be refunded" the amendment, legislators can be used for the crime of embezzlement of public funds in the future revision of the terms of reference for, but also for other criminal law experts, and scholars on the embezzlement of public funds and amend and improve the problem from .