On The Crime Of Embezzlement

Misappropriating public funds is one of the most frequently committed crimes in the judicial practice of China. The current criminal code and judicial interpretation stipulates the crimes clearly, but there still exist a few of questions worth probing into. Based on the study of misappropriating public funds, this dissertation will analyze the crime concerning its theory and practice in the hope of making some contribution to them.This dissertation consists of seven parts :In part one to part four, the thesis gives a general introduction to the constitutive requirements of the crime and expounds the object, the subject of crimes, the objective and subjective motives of the crimes on the basis of the study of the related theory, code and the judicial interpretation of the criminal law. The author assumes that the crimes offend the proprietorship of the public property, which plays a main role, and the honest of the state personnel. The criminal objects are public funds and specific public property. The author also discusses the controversial issues in the circle of theory and practice and puts forward the author's own views on these problems. The criminal subject is always a difficult point in the study of the crime of malfeasance, so the author gives a detailed description on the range of the state personnel and quasi- state- personnel. It is believed that the knowledge of the contents and requirements of the crime determines that the crime must be committed on purpose.The fifth part of the dissertation focuses on the crime formation of the crime of misappropriating public funds and explores the determination of the accomplices in the crime. On the basis of summarizing other researchers' study, the author will reach the conclusion concerning a few controversial questions such as if it is a crime to misappropriate public funds without using them and some other related questions.The author elaborates the judicial determination of the crime in the sixth part. From the prospective of the constitutive requirements of the crime, the authoranalyzes the distinctions among the crime, the normal act and other related crimes.The legislative perfection of the crime is discussed in part seven. The crime involves many disputes and various legislative and judicial interpretations. The author assumes the reasons lie in the complex constitutive requirements and the superfluous criminal law codes. It is suggested that the legislative body re-determine and rearrange the indictments of the crime, which is the best way to iron out the various differences.