Embezzlement Of Public Funds Crimes Objects And Their Finds

Embezzlement crime is one which often happens. In recent years the trend of the crime has been upwards especially in the establishment process of the our country's market economy. Our country's Criminal Law has the explicit provision towards embezzlement crime, but it is more abstract and general. As a result there are many problems in the theories field and judicatory. Concrete performance is: First, While covering and involving towards embezzlement crime in three rules( 《Criminal Law》 a Section 2, a Section 2 and Article 384s) and related lawmaking, judicatory explanation certain complexity appear in the object of this crime; Second, at present, because of the demand of economic communication, it is very common to borrow the funds is between enterprises. Some persons take" loans" as the form to carry out embezzlement, which makes it difficult to tell embezzlement and loans; Third, Criminal Law not only the objective important item that personal usage designates as embezzlement, and but also designate as objective important item of embezzlement to three kinds of concrete uses. This kind of provision lacks the maneuverability in the fulfillment, and causes confusion in law enforcement ;Fourth, because the object of embezzlement crime is limited by the public funds only, it will not be pursued in the judicatory practice that embezzlers make use of the job to transfer the behavior of other public amount of moneys and wealth and properties, because of" no clear statement provision indicates no offense". Therefore, this behavior will be stirred up and spread.Aimed at the above-mentioned problems, the writer with many years' experience in anti-embezzlement carries on the comprehensiontowards the crime object" public funds" and sum up eight kinds of situations of embezzlement , but their manifestations are varied including: transferring the negotiable security and guarantee, 'descending the public funds of the class "unit and overdrawing to trade public funds etc. within medium overdraft, chartering state-owned business enterprise returning personal usage of circumstances." Public funds" transfer appears with the leasehold name much with usage. There is much in common between loans and embezzlement. But there are differences in behaviour and social harm . It is very important to understand this. It will tell whether they are guilty or not. "Public funds" transfer includes personal use or give the others use, or for the use of privately owned company, private enterprises; It is not reasonable to regulate the concrete use of the public funds. It does not agree with the principle of affirming crime according to the certain crime of the purpose behavior. It is also against the principle of "Crime is accordance with its guilt". There are little difference in public property transfer and public funds transfer substantially, which results in harm to the units. It is necessary to affirm it guilty to transfer the general public property .The writer analyzes the object of embezzlement and its outside forms. It is suggested that Criminal Law should be adjusted about transferring other public wealth and properties besides public funds, and that the crime of transferring public funds should be changed to the crime of transferring unit public funds, which will do good to the correction and practice of the law.