A Study On The Legal Issues Of The Crime Of Official Embezzlement

The rapid development of social economy promotes the development of law.Before 1997,the crime of occupation by duty was not listed separately,but included in the crime of corruption.This makes many new problems that can not be solved in judicial practice and leads to the lag of law.In order to solve this new problem,the crime of occupation by duty was separated from the crime of embezzlement in the1997 Criminal Law Amendment.Thus,it can more adapt to the development of social economy,make full use of the function of the crime of occupancy by duty in judicial practice,and make up for the loopholes in law.However,no law is "seamless" and has its own shortcomings.With the deepening of the reform of socialist market economic system,new problems in judicial practice are common.As a new kind of crime of embezzlement of other people's property,the crime of duty embezzlement has some shortcomings and best different on provisions and provisions of criminal law.Crime is the most significant difference between four crimes,taking into account common rules,theories and practices of punishment the law in order to determine to what extent that distinction should be made;postgraduate training management information system full of enthusiasm fraud swindler poignant clutter plagiarized crucial relevant above then draws different conclusions on the same case.This paper explores and studies the legal issues of the crime of occupation by duty,summarizes the problems and shortcomings of the crime of occupation by duty in the legal provisions,and puts forward its own views and suggestions.There are four chapters in this paper,which are divided into four parts.The first chapter is an overview of the crime of occupying by duty.From the perspective of the legislative evolution of this crime,this chapter explores the intentions of legislators from the development track of legislation,thus clarifying the specific definition of the crime of occupying by duty.In the second chapter,starting from the four constitutive elements of the crime of duty embezzlement,the object of the crime and that purpose,objectives,specific themes and subjective aspects;purpose of the crime are discussed and studied in depth.This paper summarizes and combs the different views and ambiguities held by criminal law scholars on the constitution of crime,and expounds their own views and opinions on different theories.The third chapter is the determination of the crime of occupying by duty in our country.This chapter is divided into two parts.One is the judicial practice of the crime of occupying by duty.In this section,the scope of the subject of the crime in the article of law and the scope of "other staff members" are demonstrated and analyzed,and the author's views and views are put forward.The other is the determination of occupying by duty and other charges,in this small part.Section I will compare the difference between this crime and embezzlement,corruption,theft,misappropriation of funds,and discuss the confusing parts of this crime and other crimes of infringing property in judicial practice through specific case analysis.Chapter IV is about the perfection and suggestions of the crime of duty embezzlement in criminal legislation.First,it puts forward the deficiencies of the crime of duty embezzlement in three aspects.The first part raises questions from four aspects: the inaccuracy of the specific content,the low statutory penalty,the single standard of sentencing,and the neglect of the application of property penalty."Duty"is amended to "business,improve the statutory penalty,add sentencing standards,implement equal protection for different types of property,increase the application of property penalty,and so on.Some opinions and suggestions are given.This aim to document is certify relationship concern for the confirmation to the confirmation of the crime occupancy by explaining and analyzing the above-mentioned problems and through judicial practice and relevant academic viewpoints.