Analysis Of Some Problems About The Crime Of Embezzling Public Funds

In recent years, criminal proportion of the crime of embezzling public funds appears ascending trend year by year along with the rapid growth of market economy and further diversification of pattern of ownership, Penal Code and legislative interpretation, judicial interpretation are stipulated comparatively specifically in this country, Penal Code has been issued and put into practice for more than ten years until now, during this period of more than ten years, the criminal circumstances of embezzling public funds are becoming more and more complex as the constant development of society. Mixed social realities are coped with by abstract legal provisions, and it often feels unable to do as much as one would like to do. The author sets foot from the existing problems of crime of embezzling public funds, through the features of the own accusations of the crime of embezzling public funds, scientific viewpoints in some literatures are used as a source of reference, specific national conditions and developmental patterns in this country are combined, the author's own viewpoints are put forward.The full paper is divided into three parts: preface, text and ending.The significance of researches on embezzling public funds is mainly introduced in preface.Five parts are included in the text. Some specific problems are included into every party; all link with one another, and practical problems about crime of embezzling public funds are explored step by step.The legislative evolution of crime of embezzling public funds is in part one, it is mainly by the means of studying provisions regarding actions of embezzling public funds in legislation in the ancient times, modern times and contemporary times in this country. It's a gradually perfect process from which the acts of embezzlement was involved to some extent in the ancient times to which the acts of embezzling public funds was attached to other accusations in the modern times and to which the acts of embezzling public funds are definitely put forward and independently constitutes crime in the contemporary times. The recapitulative recognition about self-growth of crime of embezzling public funds has been made. The knowledge and records of related data which have been summarized by predecessors are mainly integrated in this part.The problems about the subject of crime of embezzling public funds are analyzed in part two, the concepts, characteristics and species of state functionaries and sub-state functionaries are mainly interpreted. It can understand whether different groups could become the subject of crime of embezzling public funds or not by the way that legal rules about the subject of crime of embezzling public funds are mainly analyzed. Puzzling questions about the recognition of the subject in crime of embezzling public funds have been analyzed from four aspects. The first is whether unit can become the subject of crime of embezzling public funds; the second is whether the personnel who are entrusted to manage and operate state properties can become the subject of crime of embezzling public; the third is the situation that the funds of the contracted state-owned firms and enterprises are embezzled by the contractors of the contracted state-owned firms and enterprises; the fourth is whether the staff who work in the intermediary organs of social services attached by state organs can become the subject of this crime or not. Different problems about different subjects of crime of embezzling public funds can gradually become clear and be grasped by the means of analyses, through using some dialectic and analytical methods and combining with the author's own recognition, some problems existing in theories and practice have been answered simply.For personal use, which is the hard-core part of defining crime of embezzling public funds, is analyzed in part three. The meaning of for personal use in existing legal rules should be found out, the characteristics of for personal use should be specified, and the material meanings of for personal use should be summarized. By the means that the deep meaning of personal is analyzed, the limitations of traditional analyses in the past are broken, and the field of analytical view is enlarged, the real meaning of for personal use should be understood in a higher level. In several special situations of for personal use, the author's own opinions are put forward which are interpreted and analyzed from two aspects according to the problems exiting in practice. One situation is that public funds are embezzled to be used by privacy hanged on publicity enterprises; second is that public funds are embezzled to be used by enterprises contracted by individuals.The modes of using and embezzling public funds are analyzed in part four; this part also can be called the analyses on problems about the uses of embezzling funds. Apart from these, the uses of embezzled public funds are nothing more than that the embezzled public funds are used to undertake unlawful activities, profitable activities and activities that the embezzled public funds can't be returned over three months, there are different controversies about the specific meanings of unlawful activities and profitable activities, detailed statements about how to define unlawful activities and profitable activities, what types are included into them and how to differentiate unlawful activities and profitable activities are made. With respect to the understanding about the embezzled public funds unreturned over three months, it's analyzed and studied from the legislative original intention and its legal meaning, the author's own opinions and recognitions are put forward.The other problems about crime of embezzling public funds are analyzed in part five, the analyses about material elements of plots and measurement criteria of consummated and uncommitted crimes of embezzling public funds are mainly included into it. Problems about amount are included in the former, that is the problems about how to calculate the amount which is embezzled one time and is used for special purpose; problems about how to calculate the amount which is embezzled one time and is used for multipurpose; calculative problems about the amount which is embezzled many times and is used for multipurpose, on the basis of researching on the main ideas of current scholar in the latter, with the combination of the author's own recognition, the consummated and uncommitted standard is summarized conclusively, that is embezzling and using are regarded as the consummated and uncommitted standard of the crime of embezzling public funds. This part is used to help readers remedying the former recognition of the divisiory margin about the consummated and uncommitted standard of the crime of embezzling public funds, the calculative methods about the amount of crime of embezzling public funds are specified additionally.With regard to the crime of embezzling public funds, it is mainly analyzed and researched by the author from these five aspects at many levels and from various visual angles, and the author's own opinions about some problems are tried to be put forward. At the same time, the author knows very well that the crime of embezzling public funds has many levels to be studied, the researches on the crime of embezzling public funds aren't over and are waiting to be studied more systematically and deeply, my struggling directions in future are made clear by that means, so that the theories of the crime of embezzling public funds can be recognized and grasped comprehensively.