The Song Huaimin Of Crime Of Official Embezzlement Case Analysis Report

With the development of market economy, the crime of corruption has become more and more in our country and the focus of the world, all the countries in the world to fight corruption crime is more and more thorough. In December10,2003the Chinese government signed the "UN Anti-Corruption Convention", but this was not enough to explain our country about the corruption crime legislation in line with international standards, especially the criminal law on crime of corruption, embezzlement duties prescribed more worthy of our consideration. The crime of corruption is that the staff of state who take advantage of their position to misappropriate, steal, swindle or other illegal means to acquire public property. The crime of official embezzlement refers to companies, enterprises or any other unit of the staff, taking advantage of the convenience of his position, to illegally take possession of a relatively large amount of the unit property. In our country, although the provisions and the explanation of the crime of corruption and official embezzlement are clear, because of the complexity of specific cases, in the specific judicial practice the boundary of the crime of corruption and official embezzlement is vulnerable to confuse.the result is the deviation of a conviction, the relevant legal interests is not properly protected. In Practice, because the crime of corruption and the crime of official embezzlement are for the purpose of the illegal possession, and objectively by taking advantage of his position, so the two crimes is easily confused. How to distinguish from the two crimes, and combined with the case, the case for qualitative become the focus of discussion in this paper. Then, this paper will be based on the theory of criminal law, considering Song Huaimin case, and in the case whether Cun Zhi Shu belong to the villagers committee organizations, or belong to the state staff,and whether engaged against" Standing Committee of National People’s Congress on (the criminal law of the People’s Republic) the interpretation of paragraph2of article ninety-three of the provisions, by distinguishing and analyzing several key points of controversy, in order to help to handle with a similar case.