Qualitative Study On Embezzlement

Generally, embezzlement refers to the secret theft of others'property for the purpose of illegal use. Two fundamental characteristics of embezzlement are reported by the author:purpose of use and the action of theft. The purpose of use means contemporary access to property subjectively rather than occupying public or private property illegally, which distinguishes it from ordinary theft. Embezzlement contains various forms, represented by driving a car without informing the owner. Multitude factors should be considered comprehensively as to determine whether embezzlement should receive criminal punishment or not, including the value of embezzled property, attrition of use value and the jeopardy degree to the victim's usage possibility, etc. However, it is certain that at least partial embezzlements should receive penalty punishment. Profound researches on identification of embezzlement theoretically have been carried out abroad whereas different countries have adopted different disposition models in juridical practice. In China, specified provisions on embezzlement have not been ratified in criminal legislation, judicial interpretation have denied that embezzlement constitutes a crime. There are problems exist in the current practice since embezzlement that should be punished must receive criminal regulation. However, corresponding accusation have not been set up yet. To address this problem, explanation does not work in current situation. Therefore, "embezzlement" should be legislated so as to make specialized provisions in the view of advanced legislative practice in the civil law countries.