Rethought On Punishment Of Embezzlment

Embezzlment is a long-history crime.However, embezzlement legislation emerged in PRC late and is different with legislations of other countries.This situation causes a lot of controversies and puzzles in theory and practice,especially the problems in punishment. The aim of this aritcle is to acknowlege the principle of punishment setting of embezzlment, then find disadvantage of the legislation and at last make appropriate amendment to legislation. Case analysis, legislation analysis, comparative analysis, and the method of the combination of theory and practice are used in this article, and the balance between crime and culpability is an important thread.In the first chapter, to reaserch on punishment-history of embezzlment. By analyzing changes and differences of punishment among legislations and draft legislations, we can find legislators'thinking clue of how to set penalties to this crime. Even we can find this thinking clue is inaccurate.In the second and third chapter, to explain why the thinking clue of legislators is inaccurate.Embezzlment is not fairly treated in penalty setting and the balance between crime and culpability of embezzlment is broken.Thus many people, whether juges or scholars, want to punish embezzlment heavier than law for the real demands of justice. This situation cause rethought to the legislation.In the fourth chapter, to make comparative study of embezzlment legislations in rule-of-law countries.Most of these legislations treat embezzlment as a serious crime, set appropriate penalty and make even heavier penalty for harmfulness-upgrade embezzlments which break special duties in business and dailylife.On the contrary,embezzlment was treated as light crime in China. Exactly,"amount of great"is not seriously thought and the scope of harmfulness-upgrade embezzlment is unreasonable limited.In the fifth chapter, rethought the importance and principle of embezzlment's punishment and prepare reasons for legislation amending.In the sixth chapter, advise a draft amendment and make explaination to it. Exactly, it is necessary to amend legislation of embezzlement,adding "amount of great" and enlarge the scope of harmfulness-upgrade embezzlment in legislation.