On Wang And Others In The Crime Of Embezzlement Case Analysis

The crime of embezzling public funds is the judicial practice incidence higher counts, the case presents a diversity and complexity for the judicial practice has brought many difficulties.Although in recent years, the NPC Standing Committee and the two have the crime of misappropriating public funds made a series of legislative interpretation and judicial interpretation, judicial practice to provide a basis; but in the face of the crime of embezzlement of public funds for specific cases appear ceaselessly new case, new issue, the current legislation and the judicial interpretation provisions also inadvertent ambiguity, resulting in theoretical circles and judicial debate, some controversy has no unified and authoritative conclusion.In judicial practice, even following the "legal principle" which led to some criminals do not due to legal sanctions, to combat such cases effect.In this paper, according to the judicial practice in the case, with the judicial practice of the different cognizance opinion, on the specific circumstances of the crime of misappropriating public funds, subject identity of "Misappropriating Public Funds for personal use" in the conditions and using the identity of influence, involved in instigating, planning embezzlement third (neither divert people also use of people) can become embezzlement accomplice on issues such as analysis, to find out our country the crime of embezzlement of public funds in the legislation flaw, the last of China’s legislation of crime of misappropriating public funds for personal recommendations.