On The Crime Of Embezzlement

The crime of misappropriating the public funds is a crime newly constructed in the criminal law.The establishing of this crime provides legal basis for the punishment of misappropriating public funds.The existence of the divergent opinions on the crime,however, has a great effect on the application of this clause in the judicial practice. As regards the questions that arise in the practice,the article tries to give a rational explanation from the perspective of jurisprudence.The article consists of four parts.The first is an introduction to the concept of the crime of misappropriating the public funds.The second is the research of the crime in a comparative way. In our ancient criminal law or the criminal law abroad,the relative rules of the punishment about the crime had already existed,which nevertheless differed in the crimimal object,the criminal behaviour,the establishment of this clause,the principle of punishment,the classification,and etc.As to the four requirements of the crime,the third part offers an analogy to the different theoretical opinions concerning,and then proposes the author's view and argument. The article stresses on the detailed articlulation of the objective requirement. After analyzing the problems in judicial practice, such as the misappropriation of public funds to private uses,the exact use of the public money, the amount of public money misappropriated is great and cannot be returned and so on, the author suggestes that the articles of "for individual use" and the concrete use of public funds which are now of the requirements of the crime should be deleted to solve the problems on the judicial practice. In the fourth part, the article discusses the accomplice problem of the crime of misappropriating the public funds.As to the controversies on the crime,the judicial and constructional explanations being setted up continuously has evoked different opinions about the crime,the main reason of which,at the author's oppiont,lies in a great deal of description of the requisite factors concerning the crime,over-complicated criminal articles,therefore,it is necessary for the legislature to rearrange the structure of the crime of misappropriating the public funds in the form of criminal amendment,which is the best way to settle down the divergency.