Legal Analysis Of "the Liu Moumou Misappropriation Of Funds Case"

In recent years, with the full range of the deepening of China’s reform and opening up, as well as the rapid development of China’s economic, social, and the cause of China’s lottery also showing the development trend of the booming around constantly welfare lottery, sports lottery and a variety of local lottery and other forms of lottery tickets, the city and you could see all kinds of lottery betting. However, due to the lag of the law, the relevant legislation is imperfect, of the lack of a specifically regulated lottery industry laws and regulations, at the same time, China’s management of the lottery industry, there are also many inadequacies, therefore, lead to cases involving lottery category of crimes have occurred these acts not only to the country caused huge economic losses, but also the release of the lottery industry market, sales, management order suffered serious damage, at the same time also affects the confidence of the general lottery friends, and thus, should increase the punishment for these acts. However, due to the country for the unsound the lottery class crime legislation is imperfect as well as the management of the lottery industry, which led to many controversies in the theoretical and practical circles qualitative existence of such cases.To this end, the author has selected Yancheng City, Jiangsu Province, the Intermediate People’s Court in September2005, after the conclusion of the second instance and hugely controversial at the time,"Liu Bizhong misappropriation of funds case, lottery sales staff do not pay stake buy lottery tickets and afterwards weakness reimburse the purchase of case of lottery paragraph, the case is a typical case of lottery sales agent not pay to the stake buy lottery tickets but afterwards inability to repay stake. For the case of qualitative, mainly in the judiciary and the theoretical circles of embezzlement, embezzlement, contract fraud, misappropriation of funds sins four different treatment advice. Based on the relevant information, the author carried out an in-depth analysis of the conduct of the parties in these four different perspectives and case studies, presented in the paper this case qualitative understanding of such cases in criminal law crime qualitative aspects of have a greater particularity, in accordance with the principle of legality of criminal law, criminal law that everyone is the principle of equality and the prohibition of the principle of analogy is not conducive to the defendant, behavior Liu Bizhong, according to the criminal law does not constitute a crime. Furthermore, I also pointed out in the text of existing laws and regulations in the regulation involved the lottery class crime shortcomings and to be perfect at. Finally, the author has put forward concrete proposals to improve the lottery industry in China market and protect the Lottery, such as legislation to speed up the lottery industry, improve relevant laws and regulations, establish a new type of lottery distribution and sales mechanisms to establish and improve the lottery industry market regulatory authorities, increase the supervision of the lottery industry market, in the hope that China’s lottery industry to be more healthy and orderly development.