Design An Amount Of Calculation Formula For The Embezzlement

After the reform and open policy,China is committed to the development of a market economy and the people's living standards are gradually improving.Because of the temptation of economy and interests,the crimes of national staff are increasing.Crime of misappropriating public fund will protect some legal rights.Including the right to possession,use and income,as well as the integrity of state public officials.The particularity and complexity of this crime are reflected in the amount of crime.The crime of embezzlement is divided into three types of behavior.Due to different uses and different hazards,different types of behavior have different amounts of incrimination.This is also unique in criminal law,which leads to inconveniencing the amount of conviction.There is still much controversy about the criminal law theory and judicial practice circles.With regard to the amount,China has issued many judicial interpretations.Determine the impact of the amount of incrimination on the interest of public funds on conviction and sentencing.The issue of the amount of public funds with which Negotiable securities and financial instruments were used for pledges was stipulated,which alleviated some of the disputes.However,for embezzlement of public funds for multiple purposes and the amount did not reach the point of incrimination,there is no detailed judicial interpretation in the criminal law.There is also a great deal of disagreement in the academic circles.There is no uniform calculation method in the practice sector.As a result,the verdict of this crime does not specifically identify the amount of misappropriation.Instead,it uses a large sum,a serious case,and a huge sum to explain it in a general way.This will lead to different judicial decisions in the handling of such cases.The most critical issue is that the amount is the basis for conviction and sentencing for the embezzlement of public funds.The difference in amount calculations leads to different treatment of the same situation.This would violate the application of the principle of equality in criminal law,showing that it is important to study the amount of the crime of misappropriating public fund.Therefore,it is imperative to design a set of calculation method for the crime of misappropriating public fund.This essay discusses the use of the crime of misappropriating public fund for multiple purposes and the amount of misappropriation for each use that does not meet the criteria for conviction,discusses how to convict and measure the penalty,and designs a set of calculation methods.This method may help China's justice.