Embezzle Public Funds And Without The Use Of Qualitative

In recent years, with the development of economy and society, high post crime,including embezzlement crime accounted for a large proportion of. Among them, thequalitative embezzlement of unused defalcation, there are many disputes in thejudicial practice, some people think that constitute the crime of misappropriatingpublic funds crime, some people think that constitute the crime of embezzlementattempt, there are people that do not constitute a crime. The reason for the movewithout using qualitative appear so controversial, because of the nature of theprovisions of the " criminal law " in article384th of the crime of misappropriatingpublic funds crime understanding different. The author in order to settle the dispute,try to find the theoretical basis, in order to be able to properly analyze constitution ofthe crime of misappropriating public funds.The case analysis method used in this paper, analysis and interpretation of thecase, to come to the correct conclusion, adopting the method of deductive reasoning,namely " premise, minor premise, the conclusion" syllogism. The related theorypremise is the intent crime, including the crime with purpose, objective classification,the minor premise is the crime of misappropriating public funds belonging to thepurpose offense, conclusion is the subjective of crime of misappropriating publicfunds is the behavior of subjective intention, and move the public funds for personaluse of the objective, the objective elements of the money is from unit in the act of.Therefore, the purpose of crime theory, the constitution of the crime ofmisappropriating public funds, to make theoretical support, to ensure the correctnessof the conclusion.The author of the move without using qualitative, the crime theory is still thecurrent judicial practice of the Soviet "four elements theory", namely, object of crime,objective aspect, subject, subjective aspect. At present, many scholars in our countryadvocate the implementation of crime in continental law system of "three classes", in view of the continental law system of "three classes" in practice has not been fullyused, limited to academic discussion, should use so the embezzlement crime in theanalysis of the practice of the "four general or elements of theory".The author thinks, embezzlement of unused defalcation crime can only be if,constitute a crime, the discontinuance of crime and attempted crime does not exist.