Legislative Perfection Of Cirmes Of Embezzlement

In China s criminal law, the crime of misappropriating public fundsembezzlement crimes including embezzlement and misappropriation, specificproperty crime. Three kinds of crime in the law stipulates that the lack of unity andcoordination, for some constitutive elements of crime is the lack of a reasonableexplanation. Therefore, in theory for embezzlement crime and the legislative systemof the controversial, in the judicial practice also appeared a lot of problem.The first part of this paper is to introduce the status quo of the legislation ofcrimes of embezzlement. First of all, through the crime of misappropriating publicfunds embezzlement, misappropriation, specific property crime common features inthe summary, summarized the concept of crimes of embezzlement, and also indirectlyindicate the crimes of embezzlement in behavior similarity. Secondly discusses thelegislative defects existing in crimes of embezzlement. In this part choosesembezzlement crime appears more outstanding four problems. The first problem is thecrimes of embezzlement pendulum does not. By embezzling crime object, legalpunishment and judicial interpretation to specify the embezzlement crime andintegrated necessity three. The second issue is "for personal use" provisions of theinappropriate. In this problem clear "for personal use " connotation and scope, putforward "for personal use" and" used by other" parallel perspective. Third questionswas a misappropriation of funds after specific uses. The crime’s constitutive elementsfactors of embezzlement is not appropriate, summarize the viewpoints of scholars andthat should be removed from the constitution. The fourth problem is the object ofcrime is not only a comprehensive. The reality appears long-term diverting unit largeoffice supplies situation, put forward to enlarge the crimes of embezzlement object isproposed.The second part is the crimes of embezzlement of the extraterritorial legislationcomparison and reference. The problem of the selection of our country all the crimesof embezzlement legislation needs to draw lessons from and areas for improvement.The first problem is embezzlement crime legislation mode’s comparison and reference. Through the introduction of" UN Anti-Corruption Convention" for misappropriatingbehavior regulation, for our country to provide integrated train of thought. The secondproblem is the subject of the crime of embezzlement crime legislation comparison andreference. Think that the current criminal law of our country on the three crimeprovisions exist cross and restriction. Third problems in crimes of embezzlement isembezzlement object of comparison and reference on the legislation. Through theforeign criminal law for embezzlement object provides comprehensive, indicate thatsmall embezzlement object has not cover appears in reality embezzlement case.The third part is the one or two part of the proposed problem solving, namely theembezzlement crime legislation suggestions for improvement. First put forward thefeasibility of unified crimes of embezzlement, through three the object of crime,objective aspects, subject, subjective aspect, to embody. Secondly, the unification ofembezzlement crime legislation perfect, i.e. for the above proposed legislation defects,one one proposed changes. Finally, after the unification of embezzlement crimeproposed the concrete design, i.e., crime, legal punishment for design.