Embezzlement Crime Conviction

The law is always concerned about the behavior of the system of norms, and implement behavior constitutes the base of all crime in the sense of "no criminal no behavior." Criminal misappropriation of the type of crime is not normative concept, but the general term for an academic-related crime on the elements and contains embezzlements. Is generally believed that China’s criminal law provides for three kinds of duties (official business) against the misappropriation of the nature of the crime, the crime of misappropriation of funds272,273misappropriation of a specific offense of money or property, and384embezzlement of public funds. Many scholars in jurisprudence of the crime of "misappropriation" epitaxial understanding bias extensive Embezzlement crime in addition to China’s criminal law expressly three misappropriation crime, but also include additional new Criminal Law Amendment process perfidy of Entrusted Property, these two contains of the crime of perfidy use assets misappropriation of behavioral elements of the charges. A certain extent agree with this classification, but due to space limitations, there is in this article is focused against embezzlements and its related behaviors Discrimination entry point, Embezzlement crime legislation summary on the number of defects and propose solutions, to be beneficial to the theory of criminal law and criminal legislation.Embezzlement crime has been a focus of China’s criminal law legislation, is also the focus of judicial interpretation, but still there are differences in many aspects, Embezzlement crime difficult dispute objectively speaking, there are many reasons, especially in our country is in the period of social transformation, social relations, economic relations and so many new features, embezzlement of public funds is also showing unusually complex situation. Certain qualitative behavior, due to the lack of legislation or academic differences as well as the impact of some of the traditional mindset often controversial, handling cases of doubt and difficulty. Therefore, based on the practice of law and judicial interpretation elaborate review of the pros and cons of the pros and cons of the theoretical differences analysis, in order to better combat Embezzlement crime.In this paper, a total of three thousand words, divided into three parts discusses Embezzlement crime:Legislative History of the first part of Embezzlement crime, including Embezzlement crime Legislative History and misappropriation of common and definitions of the type of crime Preliminary two. This part of the author Factual level criminal law defines Embezzlement crime, combing Embezzlement crime legislation evolved and visits abroad misappropriation type crime legislation is based on the comparative analysis of Embezzlement crime legislation. Through such a historical analysis, can recognize complex Embezzlement crime. The rest of the world rarely Embezzlement crime as a separate offense to be provisions of the appropriation acts under the Criminal Law, belonging to Japan, Germany and other civil law countries the criminal law of Embezzlement and back any of the scope of the crime, can be not identical. Compared with China’s legislative generally embezzlement behavior into criminal regulation, but the object of crime, guilt form another difference.The second part, the author based on analysis of the common characteristics of the constituent elements of Embezzlement crime, the crime of Embezzlement is defined as follows:the competent handling and management personnel of the property, in order to gain the advantage of his office, unauthorized use of funds and materials to he large amount or if there are other serious circumstances, the integrity of the acts against property rights of possession, use and income, and job behavior.The third part is the focus of this article, for Embezzlement crime in the most controversial judicial practice a few questions, I commenced a detailed study and expositions. In this section, the author uses the class sin a sin combined research and analysis from the object, objective aspects of the subject and the subjective aspects of the distinction between the offenses of Embezzlement crime. Patterns of crime theory, Embezzlement crime offenses and issues to focus on patterns of crime problems. An analysis of the nature of judicial determination without use of Norway, Norway and did not use should be consummated not attempted.