Study On The Common Crime Of Misappropriating Public Funds

The Crime of Misappropriating Public Funds, as one principle crime in the Special Provisions of Criminal Law in our country, is in the chapter of corruption and bribery, which initially come up in "The supplementary regulates regarding on punishing the crime of corruption and bribe" by the congress in1988. It very seriously harms to society, not only undermine the duty behavior integrity, but also make public property losses.In the current judicial practice, embezzlement of public funds is often in the form of common crime, such cases whether compared with the separate offense of embezzlement or other criminal accomplice form, all with the complexity. As to the complicity in embezzlement of public funds, there are lots of issues worth exploring when it comes to the main elements of the objective elements and subjective elements, etc; they directly affect the establishment of an accomplice in the embezzlement of public funds. As to how it should be recognized, and how to determine the criminal responsibility of each accomplice, there are different views in the academic and judicial practice.This thesis is divided into four different parts on the common crime of embezzlement of public funds.Part Ⅰ:To the constitutes of the main body, misappropriation, the user, the non-user, as well as units are mainly four elements be discussed respectively whether they constitute an accomplice or not, and under what circumstances constitute an accomplice discourse; Implication of the common crime of embezzlement of public funds. In this thesis, we are still using a traditional theory, starting from concept to study the problem. On irrelevant provision of the meaning of the embezzlement of common crime in the theory and practice, we can start from sub-rule on the basic concepts and origin, and general principles on the general theory of common crime embezzlement of public funds, and by the way of stating the counts, make a summary of the concept of embezzlement common crime. Part Ⅱ:The common act of embezzlement common crime. This part is the core content of the thesis. Combined with the theory of the composing of crime with four parts which has been always adopted in Criminal Law, we can also constitute a crime subject, object, subjective elements, and objective elements in four aspects to be described. to the object, because the object of the embezzlement crime should be consistent with the case of the separate crime which doesn’t have the particularity to distinguish the common crime embezzlement of public funds, the following part doesn’t focus on it any longer. To the subject elements, the thesis discusses the common intentions between the joint offenders, including understanding factors and will factors, as well as problems of the joint offenders beyond the scope of understanding; to the objective elements, it can be divided into a common implementation of behaviors and the division of labor between them.Part Ⅲ:The common intent of embezzlement common crime. The Criminal Law has always been the unity of torture and punishment. Before the punishment of acts of common crime of embezzlement, we first want to carry out qualitative analysis to it. As to the qualitative principles of embezzlement crime, in theory, there are "status crime theory","prime culprit theory","the implementation of the behavior", and "individualized punishment theory" and so on. In this part, it’s mainly the interpretation of these ideas and the analysis of their advantages and disadvantages of various views, then trying to come up with a suitable qualitative principle.Part Ⅳ:The Penalty Measurement of embezzlement common crime. This part firstly interprets the amount sharing between the joint offenders of embezzlement. On this basis, combined with the problems of the Penalty Measurement of the joint offenders in the theory of common crimes, it makes discourse about the problems of the Penalty Measurement of the accomplices of embezzlement.