The Study Of The Crime Of Misappropriating Public Funds In Our Legislation

The crime of misappropriating public funds is a crime that is a more controversial in criminal law. With the development of reform and opening,embezzlement especially embezzling Public funds has been rising rapidly in recent years. It destroys the socialist economic order and also makes huge threats toward the establishment of socialist market economy. This thesis puts embezzlement as its main theme and analyses the concept and constitute of embezzlement by using historic,comparative,economic and law ways. Based on the previous job,this thesis which uses the development of Chinese democracy as its background,the practical,not theoretic analysis as its center,probes into the methods of making the law excellent.This paper is divided into five parts, but the introduction and the epilogue:The first part: the overview of the embezzlement crime. The paper mainly discusses the concept of the embezzlement crime and makes the detail and practical analysis towards the history of the crime. This part analysis the legislation evolution of embezzlement by using the method of historical analysis, which the analysis of the concept of sin for embezzlement are used in the method of comparison Through the comparison of criminal legislation and the theory giving the definition of embezzlement of sin.The second part: It mainly discusses the four constitutions of the embezzlement crime. In this part, the paper first briefly introduces the theoretical disputes on embezzlement of sin of the criminal law educational world, then carries on the detailed analysis and interpretation on four components to the provisions of embezzlement according to the traditional constituents of the four elements of criminal law.The third part: The criminal pattern of the embezzlement crime. The paper first systematically discusses the problem on ceasing style of the embezzlement crime, including Preparation for Crime, Discontinuation of Crime , Criminal Attempt, Accomplished Crime and other problem. Then discusses the problem on the common crime pattern of embezzlement, which mainly solved the problems what subject can constitute crimes of embezzlement of joint crime, the conviction about different subjects in joint crime.The fourth part: The criminal responsibility of the embezzlement crime. This part mainly analyzes the sentencing about embezzlement of the legislation. It is the problem that how to apply "three sentencing classes, four sentencing circumstances" of the criminal law on the crimes of embezzlement.The fifth part: The defects and the perfection on embezzlement of crime legislation. This part first analyzes on defects of the crime of embezzlement of the current legislation, then presents solutions in legislative section according to these defects, finally presents the embezzlement provisions of sin after the modification.Above all, the third part is the emphasis of the paper.