On The Embezzlement Crime And Its Legislation Perfection

The disquisition deals neither with some specific offense, nor with the crimes of chapter or section in special provisions of criminal law, but it sums up all the specific crimes which perpetrating acts are appropriation to constitute the "misappropriating crime", which includes the crime of embezzlement, the crime of misappropriating units' funds and the crime of misappropriating specific funds and articles of the state.Although the crimes of misappropriating units' funds, embezzling capital and misappropriating special property are respective branches of the crime of corruption and bribery and the crime of property violation, they have certain similarities in the constitution of crime. In this aspect, a systematic research on misappropriating crimes is feasible. Legislature and judicial body have made many explanations of these three crimes on which, yet, divergences and debates from theorist and practitioners cannot be half lessened. In this aspect, a systematic research on misappropriating crimes is needed.The dissertation covers thirty thousand words, and it is divided into three parts to illustrate and discuss the misappropriating terms and provide several ways to modify and perfect them:The first part deals with the outline of the misappropriating crimes, including the evolutionary history, the common characters and the definition exploration.The author defines the crime of misappropriation in terms of real law, thus it is necessary to elaborate on the evolutionary history of the misappropriating crimes in the beginning of the thesis. That is to say, the evolutionary history of it indeed reflects the progress of the criminal legislation.During the second articles of the part, on the basis of analyzing the component parts of the misappropriating crimes, the author defines it as follows: The working stuffs misappropriate funds and articles for their own interests through taking advantage of the headship and violate the rights of possession, use, profit and the probity and uprightness of the working stuff.In the second part, the author discusses the theory of the component parts of the crime of misappropriating. To elaborate on the discussing ways of individual crimes is adopted, and the component parts are dealt with through object, objective elements, subject and subjective elements respectively. However, the key points are the difference and relevance among the crimes of crimes of misappropriating.In the chapter of object research, the author discusses the crime of misappropriating units' funds and crime of misappropriating specific funds and articles of the state. Furthermore, the author points out those non-specific articles should not be stipulated as the object of crime of misappropriating.In the chapter of objective research, the author makes elaboration and puts forward his own ideas by focusing on the problems as follows:Firstly, that is how to understand and define "for personal use".Secondly, whether or not the specific use after misappropriating, the funds should become the indispensable components of the crime of misappropriating units' funds and the crime of embezzlement.The third problem is how to understand the use of the crime of misappropriating specific funds and articles of the state.In the chapter of subject research, the author defines the scope of the subject of the crime of embezzlement and the crime of misappropriating specific funds and articles of the state.In the chapter of subjective research, the author agrees with the passing standpoint. The fault form is direct of intentionally, as well as factor of knowing and factor of consciousness.The third part covers the legislative perfectionism of the crime of misappropriating. In this part, the author points out some defects of the regulations given by the criminal law in defining the crime of misappropriating and put forwards some suggestions to perfect them on the basis of providing some thorough elaboration on the outline and the component parts of the crime of misappropriating.Firstly, cancel the words "not repaid" in the sentence "If the amount is relatively large and the funds are not repaid at the expiration of three months" in the 272^nd and the 384^th articles.Secondly, cancel the "or for loaning them to another person" in the regulation of crime of misappropriating units' funds.Thirdly, adopt the regulation on "misappropriate specific funds and articles of the state for personal use" to the crime of misappropriating specific funds and articles of the state.Fourthly, shift the crime of misappropriating specific funds and articles of the state to the chapter of crime of Embezzlement and Bribery.