On Several Problems Of The Crime Of Embezzlement

Embezzlement of public funds is a common job-related crimes, first identified in 1988, the General Assembly provided the Standing Committee of National People's Congress "on the Punishment of Corruption and Bribery Supplementary Provisions", the March 1997 revised "Criminal Law", the first in its 384 of this crime was further improved. Thereafter it has also introduced a number of legislative interpretation about the unit crime and judicial interpretation. With economic development and the deepening of practice, there are still many difficult problems in judicial practice, to be studied and dealt with. This paper focuses on "Norway did not use" qualitative targeting specific purpose, to study several controversial issues of this crime and other crimes recognized objects and personal use, and proposed on the basis of existing theoretical research results own humble opinion, to our country's criminal legislation and judicial practice have some benefit.This article includes two parts, the introduction and the text, the text is divided into three parts.The introduction describes the problems of embezzlement of public funds, as well as on these issues to explore theoretical and practical value has.The first part, on the "misappropriation" of the problem. On the "misappropriation" of the content is analyzed, as long as the perpetrator implemented the "move" behavior, it has been against this crime to be protected legal interest "with" only acts of persons who object "move" behavior, namely "use" and "move." And further "misappropriation" and "borrow" compared to identify differences and connections between the two. Through analysis of existing "Criminal Law" Section 384 of the proposed use is not specific elements of conviction of embezzlement of public funds. Based on the above argument, we put forward specific recommendations to improve the legislative purpose. Finally, the "move without use" and finally, its results constitute embezzlement of public funds, and a crime of this crime Accomplished form conclusions.The second part, about the object of crime problems. From "Criminal Law" Article 384, paragraph 1, paragraph 2, "Criminal Law" Article 185, paragraph 2, the provisions of Article 272, "Criminal Law", paragraph 2, the embezzlement of public funds and the object of crime is not limited to "public funds ", including public funds, funds, non-state financial institutions, customer funds and non-state units for disaster relief, rescue, flood prevention, the special care, poverty, immigration, relief funds and materials, namely three kinds of funds plus seven specific models thereof. For embezzlement of public funds crime object two more controversial issues, namely "Financial documents, embezzlement of public funds portfolio can become the object of crime", "property rights can become the object of crime of embezzlement of public funds", carried a detailed analysis and proposed under what conditions, the two can become the object of crime embezzlement of public funds. Finally, I believe that the non-misappropriation of public property should not be a specific crime of embezzlement objects, and noted the approach of non-scheduled public property after the realization and the problems should be noted.The third part, "Personal Use" identified. From the embezzlement of public funds related to legislative interpretation and judicial interpretation, and thinks of "personal use" made to explain the expansion of its meaning does not go beyond the boundaries, focusing on analysis of the misappropriation of public funds "for other units to use" situation.