"Taking Advantage Of Duty" In The Crime Of Embezzlement Of Public Funds

In1988the first country to legislate the embezzlement of public funds in the form of separate charges for prescribed. In later years, embezzlement of public funds continue to be fleshed out, but with the development of society, in judicial practice, for embezzlement of public funds in the "use of his office," controversial, so the embezzlement of public funds in the "used his position convenience "as the topic of research is very necessary.This paper argues that "use" should be understood as "virtue, virtue," and subjective."Duty" on criminal law refers to the act in accordance with the law or with legal qualifications acquired in the official to perform some kind of official content. Have achieved a certain position also means qualified to represent the State or public bodies exercising certain official acts according to law with administrative nature. Studied herein,"facilitate" refers to facilitate direct and associated job, that is,"convenience" and immediacy with associated features." The taking advantage of funds " does not include "the use to facilitate the work","work to facilitate the use of more focused emphasis on "work" itself, embodied in a more natural attributes, the basic nature is reflected in labor, and "job "more emphasis on a social property, mainly in the power and authority it has certain constraints, and the associated power factor is the premise constitute embezzlement of public funds and conditions. Official terms relative to labor, business can only exist in state-owned units are reflected national will, in essence, is a national management activities, labor not reflect state power factor. Criminal law engaged in public service, by its very nature is representative of the State to exercise public authority."Taking advantage of his position" does not include "the use of the convenience of work,""With the convenience of work" with the exercise of their powers and are not necessarily directly linked, Work behavior is reflected in the nature of labor, meaning without power restriction, And this is precisely the basis for restricting the powers of bribery established. Official terms are relative to labor, Official including national powers, Is engaged in the exercise of official state power according to law, Labor is no state power. Criminal law engaged in public service, is the representative of the state organs, state-owned companies, enterprises, institutions, people’s organizations and other fulfillment organization, leadership, supervision and management responsibilities, Its essence is representative of the national organization of public firms conducted, leadership, supervision, management and other activities.Our country should improve as soon as the relevant provisions of embezzlement of public funds,"used his position to facilitate" the legal basis to allow judicial officers; Should clearly define the difference between "public" and "labor", the beating of a unified judicial officers have clear criteria applicable; Should clearly define the difference between "public" and "labor", the beating of a unified judicial officers have clear criteria applicable; Embezzlement of public funds should be expanded in the "use of his office," the scope, increase efforts to deal with corruption issues.