A Study On The Judicial Determination Of The Crime Of Embezzlement

In 1997 the new Criminal Law made it into a whole separate counts,formulated more detail and comprehensive regulations,proper identification and punishment of the embezzlement crime provides a legal basis for the judiciary.In recent years,with the continuous development and improvement of our market economy,economic crimes increased rapidly,not only a sharp rise in the number of embezzlement cases as one of the economic crimes,but also in the types of crime means and crime kinds showing new and complicated features,which has become more and more harmful to our society.There are so many difficulties to be solved in the course of its judicial determination,and therefore judiciary requires proper identification for effective punishment and to combat such crime.This paper is divided into four chapters:the main objective aspects separate from embezzlement subject,embezzlement crime object,objective aspect of embezzlement and special form of embezzlement.The four aspects are discussed in detail.From the combination of theory and practice perspective,the author compared theoretical embezzlement controversial ideas for analysis and discussion,combined with the criminal law and judicial interpretation of the relevant provisions of the scholars and theorists’opinions.A number of problems in the judicial identification that exist are analyzed and discussed in order to provide valuable reference for theoretical research and judicial practice of embezzlement.