Research On The Difficult Problems Of Judging Crime Of Embezzlement

Among the property crimes,the most central status is possession-type property crimes and misappropriation-type property crimes.The issues related to possession-type property crimes have always been the hotspots of academic concern and discussion.From ancient times to today,the academic circles have possessed Interest in crimes of type property has never diminished.Similarly,there is widespread misappropriation of property crimes.However,in the crime of misappropriation of property,the crime of misappropriation of public funds has always been the focus of research,and the crime of misappropriation of funds that are also misappropriated crimes is always at the edge of research and discussion.,very cold.In order to avoid research hotspots,and in order to encourage deepening the attention and research on the crime of misappropriation of funds,the author deliberately chose to use the crime of misappropriation of funds as the research object of the dissertation,and to carry out the typical difficult problems in judicial practice in the crime of misappropriation of funds.Combing and discuss,it is intended to provide reference for the related issues of misappropriation of funds for judicial practice and theoretical research.The author has discussed some difficult problems in the judicial practice about the crime of misappropriation of funds in the practice activities and in the process of communication with others.He realized that the crime of misappropriation of fundsalso has many difficult disputes and problems that are difficult to calm down in practice.The difference between theoretical research and the application of justice in the same crime.Even if the research on the crime of misappropriation of funds is theoretically very mature,when faced with complicated and complicated real problems,many theoretical achievements are difficult to deal with the specific problems of unpredictability in practice.Moreover,due to the development and progress of society,new things are constantly emerging,and many traditional crimes are also facing more and more new problems and obstacles.Therefore,in the specific judicial practice,there is considerable discomfort in the application of misappropriation of funds.With regard to these difficult problems,it is necessary not only to continuously research and explore on the basis of theory,but also to analyze and discuss specific problems in practice.As a problem in the crime of misappropriation of funds,it is mainly reflected in some minor judicial treatment perspectives,such as the issue of“individual use” in the crime of misappropriation of funds,the specific reference of“individuals”,and the issue of “borrowing to others” and criminal law.The problem of the difference between “lending” and borrowing in civil law,the relationship between “individual use” and “lending to others”.Another example is the crime of misappropriating funds.The crime of misappropriation of funds is “funds”.This is unquestionable.The traditional form of “funds” is relatively simple and mainly refers to money.Therefore,the criminal object of the crime of misappropriation of funds The controversy mainly exists in the traditional field,and the debates are not so complicated.With the diversification of the form of “funds”,the currency has not only referred to the traditional monetary form,but more and more other forms of money have emerged.For example,stocks,creditors,and electronic money that exist in the virtual space of the Internet,there are still many disputes about the status of these special forms of funds.How to locate them in the crime of misappropriation of funds can be the object of crime of misappropriation of funds.Difficult to consider,compared to the traditional "funds",the diversified currency adds a lot of cumbersome procedures and difficulties to the criminals who define the crime of misappropriation of funds.In addition,the problem that plagues the judicial practice is the issue of “financial lending” at the border of the civil penalty.Capital borrowing has always been a civil activity in which enterprises exchange funds and support each other,generally in the scope of civil law adjustment.Inside.However,due to thesimilarities between the misappropriation of funds and the misappropriation of misappropriation of funds,once the inter-enterprise capital lending behavior is biased beyond the adjustment of the civil law,it is easy to be confused with the misappropriation of funds.Therefore,clarify the “funds borrowing”.The relationship with “appropriation” is extremely important in analyzing and determining the application of the crime of misappropriation of funds in judicial practice.The author tries to use the above-mentioned problems as the basis and starting point,cut in from different aspects,and through these few subtle angles,tap the dilemmas and problems faced by the crime of misappropriation of funds in history and at present,and find a solution path,so as to better Analyze the theory of misappropriation of funds and better apply the crime of misappropriation of funds in judicial practice.The article has a total of three parts.In the research and discussion of these three parts,it is not carried out separately according to several constituent elements of the crime of misappropriation of funds.Instead,it selects the most typical crime of misappropriation and the most common in judicial practice.The difficult problems are analyzed and discussed one by one.The main issues discussed in this paper include the following aspects: The first aspect is to study and discuss the crime object of misappropriation of funds.For this large aspect,to accurately define the crime object of misappropriation of funds,the first thing should be Analyze and sort out the definition and type of “funds”,clarify the ownership of “funds”,and thus better position the “funds” in the crime of misappropriation of funds;secondly,in terms of the crime of misappropriation,it also involves unit claims.And special types of"funds" such as securities company client funds,there is still a lot of discussion space in the practice of whether such special funds constitute funds for misappropriation of funds,and it is necessary to dismantle such "funds".Further analysis and identification.The second aspect of the article is mainly about the big problem of misappropriation of funds for personal use or lending to others.From the legislation and interpretation of the crime of misappropriation of funds,“for personal use or lending to others”,Historically,the provisions on misappropriation of crimes and the historical characteristics of misappropriation of crimes were summarized and summarized,and the historical origin and origin of the crime of misappropriation of funds were obtained.The historical origin and misappropriation of the crime of misappropriation of funds from the historical perspective and the current judicial practice were tried.The historical characteristics of the crime of funds and thehistorical provisions of the crime of misappropriation of funds and the current provisions of the specific provisions and applications of the crime in the criminal law,as well as the understanding of the details of the "individual use or lending to others"in the crime,such as the "individual" Understanding,understanding of "use","personal use" and "borrowing to others",and then from "misappropriation" and"lending","loaning to others","borrowing" The origin and meaning of history,the identification of "in the name of the individual",and the identification of "personal decisions" With in-depth "and" relationship lending to others,"further consolidate relations between the two analyzes.At the same time,it sorts out the relevant legislation and interpretation provisions on the crime of misappropriation of funds,“for personal use or lending to others”;then further refine the problem and explore the issue of “individual use”,and the exploration of this issue will be “ The interpretation of both the individual and the "use" is carried out.Finally,focusing on the analysis of the relationship between “individual use” and “lending to others”,the explanation of this question will be explained by “appropriation” and “lending” and “individual” and“individual decision”.And summed up the relationship to carry out.The third aspect mainly analyzes the relationship between capital borrowing and “appropriation”among enterprises,starting from the specific description of the inter-company capital borrowing behavior,and then distinguishing and sorting out the relationship between“lending” and “appropriating”.It analyzes the relationship between "Nove" and "Use"and the related understanding of "appropriation" and the definition and characteristics of "capital lending" between enterprises.The inspiration of the writing of the article comes from the application of the crime of misappropriation of funds in judicial practice.Although it is not analyzed and discussed one by one according to the criminal elements of the crime of misappropriation of funds,the disputes and problems in the judicial practice are carried out.Combing,for the more typical controversy,the difficult problems that are difficult to grasp in practice,and combine the actual life,the combination of civil law,history,future and future.Since the crime of misappropriation of funds originated from the crime of embezzlement of public funds,the academic enthusiasm for the crime of misappropriation of public funds is far higher than the crime of misappropriation of funds.There are commonalities in many aspects based on the two crimes.This article discusses many aspects of the problem of misappropriation of funds.At the same time,the similar issues and research results in the crime ofmisappropriation of public funds were cited.The advantage of this is that,first of all,the crime of misappropriation of funds and the crime of embezzlement of public funds are all misappropriated property crimes.The two have almost the same historical origins and have many identical places in the construction of crimes.Understand the crime of misappropriation of funds;secondly,the crime of misappropriation of public funds is relatively mature and relatively thorough,and many research results can be applied to the crime of misappropriation of funds.Relatively speaking,the crime of misappropriation of funds is concerned with In terms of depth of research,it is not as good as the crime of misappropriation of public funds.The relevant provisions on the crime of embezzlement of public funds are cited in the crime of misappropriation of funds,which is of great help to save research costs and time.Again,when citing the relevant provisions and research results of the crime of misappropriation of public funds,It is better to compare and distinguish between the two crimes so as to better understand and analyze the crime of misappropriation of funds.Although many articles on the crime of misappropriation of public funds are cited in the writing of the article,there are still big differences between the two crimes.The crime of misappropriation of funds has its own unique characteristics and applicable rules.Therefore,in the process of studying the crime of misappropriation of funds,many emerging The problem needs to be explored on its own and combined with the characteristics of the crime of misappropriation of funds.In this respect,it is mainly to explore the unique problems of the crime of misappropriation of funds,that is,the characteristics and problems that are not available in other misappropriation crimes.By starting from a new angle,we will break through the details one by one to better Solve these difficult problems.The article is not only the refinement and enumeration of the difficult problems in the judicial practice of the crime of misappropriation of funds,but also the theoretical fulcrum and the way out to solve these difficult problems,and provide some reference and help for better application to judicial practice.