Research On Penalty Distribution For Embezzlement

Corruption has become a long-standing abuse of the society. The government has done huge effort on anticorruption and made great achievements in recent years. As a typical crime by taking advantage of duty, The crime of corruption is not only encroached on the property of the State but also destroyed the integrity of the national staff. But the verdicts of various types of cases which circumstances are similar with different verdict or which circumstances are different with similar verdict are very confused. Investigate the reason, the defect of punishment on the crime of corruption has to be an important factor. The latest amendments to the Criminal Code has changed the only amount of theory which conviction and sentencing of embezzlement for a long period of time in the past. and was changed to be "the amount of + plot" conviction and sentencing binary mode which makes the conviction and sentencing standards tend to be more reasonable and fair, it does a step forward. "Criminal Law Amendment(ix)" on the provisions of the crime of corruption has identified a relatively reasonable legal punishment of the ladder structure, that is three years imprisonment, three to ten years imprisonment, more than ten years imprisonment,life imprisonment and death penalty. Mutual convergence between the various amplitudes which avoided the overlap and specified the punishment to the amplitude of the crime of corruption from light to heavy, changed the form of the Penal Code of1997 all along, seemed to solved the cross-cutting issues which has been for a long time between the punishment to the crime of corruption. At the same time, from the point of view about all kinds of corruption offenses under criminal, there is detention,confiscation of property and fines, imprisonment, life imprisonment and death penalty.The species of punishment are more abundant, and the equipment is more reasonable between the species of punishment and the punishment degree, But there is still a lack of the most qualified punishment of the crime of corruption, because as a special identity crime, the crime of corruption which do utilizes the special qualification of the national staff. And the regulation of the qualification penalty is to take advantage of special qualifications to carry out criminal acts. So in terms of the whole embezzlement penalty system configuration, the change is not large, it does not solve the main problem of embezzlement penalty configuration, such as embezzlement types of penalties configuration is not sufficient, conviction and sentencing standards are not clear, the legal punishment of embezzlement and other crimes lack of coordination, penalty distribution for embezzlement is single. These defects and shortcomings of the legislation has also led to the judicial application’s difficulty, for example, The applicable proportion of embezzlement probation and exempted from criminal penalties is too high. The reason for these unreasonable penalty allocation is because the study of the allocation of corruption criminal law is not only lack of theoretical support but also lack of the guidance of the principle of crime amount and punishment amount. The author advocates that take the punishment and retribution utilitarian unity as the basis for the crime and follow the principle of proportionality, the principle of thrift and the principle of humanity demands, fromimproving the crime of corruption of the death penalty applicable standards,consummating the qualifications of embezzlement criminal content and form,allocating the corruption sin "life imprisonment" rational and strict time limits applicable in the judicial system and the control of corruption and crime, "exempted from criminal punishment," and so on probation for embezzlement penalty configured to be improved in order to achieve the balance of crime and highlight the sentence fair.