A Number Of Problems. Of Embezzlement Study

Punishing corruption is treated as a long-term political task in China. But in this unti-corruption process, there are many concrete questions to be resolved. This thesis targeted at how to resolve question and service judiciary, based on concluding predecessors' researches, emphasized to compare and analyze, discussed some difficult questions about corruption appeared in judicial practice, and brought out the author's opinion.The thesis is consisted of four parts. The first part researched the together criminal question. In accordance with the Corruption is identity criminal feature, the together criminal of Corruption included collective identity and incollective identity personal corruption together. The author from several different criminal theoretical opinions to expound that external and internal person colluded, by the convenience of official staff to corrupt, provided that special corpus attended is comprised Corruption. The common external corpus colluding with it ,whether principal culprit or subjective culprit, should be judged of corruption. The author had affirmative opinion whether the Corruption has umaccomplishment form, and analyzed the criteria about accomplishment and unaccomplishment whether considerable property is illegally occupied in fact. But the occupation is not property mastered actually, but actionists' really allocation and management. This is the second question of the thesis. In the third part, the author defined within identifying Corruption's amount that it should use criminal amount to sentence the culprit, and use shared amount to decide punishments, and listed different criminal objections and calculations of amount of Corruption. To repeatedly unsentenced corruptions, the author emphasized we should pay attention to amounted corruption which is judging corruption criteria in tracing-prosecution period. In the forth part is to discuss Embezzlement transforming to Corruption question, the author distinguished Corruption's objections, criminal targets, subjection and objection. Concerned the None-restoration the Criminal Law regulated the Embezzlement none-restoration, the author thought that it should be defined after embezzlement wanted to restore in subjection but have no capacities to do, if actionists want not restore in subjection but really have restoration's capacities should be judged of Corruption. To definition about Embezzlement transforming to Corruption, which was demonstrated in this thesis, as well as research whether actionist changed restoration's subjective purpose after embezzlement temporary, also research whether actionist have illegally occupied embezzled property actions in objection.