Study On The Criminal Regulation Of Illegal Recharge Card Behavior

The joint crime of embezzlement is a common form of crime by taking advantage of duty in the real life, the determination and handling of which include many controversial issues worth to discussion, such as the influence of different identities on the conviction and sentencing in the joint crime of embezzlement because of the breadth and messiness, the cognizance of the amount of the crime as well as the difference between the crime of embezzlement and the crime of duty encroachment. At present, the State vigorously strengthens the punishment on corruption and embezzlement; however, influenced by various societal adverse factors, corruption and embezzlement is still deeply rooted, featured by concealment and multiplication. Faced with objective reality of rapid development, the regulations on the embezzlement crime in the current criminal law are obviously unable to adapt to the change, of which the theory about the joint crime of embezzlement is particularly confused, which is not conducive to the fair trail and correct sentencing on the joint crime of embezzlement. The author endeavors to make research and analysis on the cognizance of the partition of colleague’ embezzlement and the amount of the crime by way of case study from the perspective of standards and conditions of incrimination, the crime constitution of the joint crime of embezzlement, the amount of the crime as well as the difference of the crime of embezzlement and the crime of duty encroachment, hoping to provide certain reference significance for the determination of the joint crime of embezzlement in practice.This paper is mainly composed of four parts, about 23,000 words in total.Part One constitutes the general information of the case, first introducing the cause of action, facts and controversial opinions and then concluding the controversial disputes on the basis of the cognizance of the case and the disagreement in the handling, including the cognizance on the common intention of Yue in the subjective aspect, the common behavior in the objective aspect as well as the cognizance on the amount of the crime, on whether guilty or not guilty and on this crime or that crime.Part Two constitutes the jurisprudential analysis. The author first makes analysis on the essential elements of the incrimination of the behavior in the case and the constitution of the crime to establish the standards and conditions of the incrimination of the behavior and make judgments on the basis of the essential elements of social harmfulness and the specific standards of the constitution of the crime, then makes analysis on the constitution of the crime of covering up or concealing illegally acquired goods and its predicate crime to determine the establishment conditions of the crime, the boundary of the predicate crime and the standards for completing and attempting to committing the crime of embezzlement related to the case and finally differentiates the crime of embezzlement and the crime of duty encroachment in subject elements, object of the crime, criminal act and circumstance element. This paper focuses on the discussion and analysis on the jurisprudential issues of the characteristics and specific types of the joint crime of embezzlement as well as the cognizance of the subject and the specific amount of the crime.Part Three draws conclusion of the study. This part makes specific research on the controversial disputes of the case in accordance with the jurisprudential analysis opinions and the current legal regulations and concludes that Yue’s partition of colleague’ embezzlement is not guilty and thus Yue shall not bear criminal responsibility and Zhang shall bear criminal responsibility for the crime of embezzlement of the project funds of RMB 400,000 Yuan.Part Four comes to the enlightenment of case study. The author holds that it is required to improve the relevant laws and regulations of the joint crime of embezzlement, further clarify the boundary between crime and non-crime, make up the loopholes of the law and make law so as to better promote the social and economic development.