The Subjective Boundary Of Corruption Crime And Embezzling Public Funds Crime

As the most significant difference of corruption crime and crime of embezzling public funds,The Purpose of Illegal Possession should be understood in two levels,one is Exclusive Meaning,the other is Utilizing Meaning.The crime of embezzling public funds deserves a lighter penalty because the criminals only have the Utilizing Meaning,and do not want to exclude the country’s possession of public funds.Even in some curcumstances,the public funds vanished accidentally,the criminals never wanted to occupy the public funds.So the crime of embezzling public funds often causes less loss both subjectively and objectively.But the criminals of corruption crime have both the Utilizing Meaning and the Exclusive Meaning.The purpose of occupying public funds is the core difference between the two crimes.But in judicial practice,the purpose of the criminals is hard to define.There are some legal interpretations listing some situations that we can treat as corruptin crime.But the legal interpretations have lower legal effect and still may cause mistakes during distinguishing the two crimes.According to the scientific examples of other districts and counties,we can modify the Articles in two ways:one is to merge the two crimes and divide the punishment into several grades based on different behavior patterns.In the process of merging,we should pay attention to the unique behavior patterns of corruption crime.In this way,we can make up the unreasonable gap between the penalty of the two crimes.The other way is to add the situations that specially treated as corruption crime into the crime of embezzling public funds since they behave as embezzling at the first place.In this way,we can easier distinguish the boundary of the two crimes and the legal basement of embezzling public funds may have higher level effect.In this way,we can also solve the problem of defining the subjective boundary in judicial practice.