The Distinction Between The Crime Of Embezzlement And The Crime Of Misappropriating Public Funds

Throughout the evolution of China’s criminal legislation,we can know that the crime of misappropriating public funds is separated from the crime of corruption.With the development of society,around the crime of corruption and embezzlement of public funds and other jobrelated crimes,there are constantly theoretical and judicial interpretations to conduct further research and analysis.However,due to the similarities in the constituent elements of the two crimes in legal theory,the changeable forms of criminal means and the stronger secrecy in reality,there are still some differences on how to distinguish the two crimes in the constituent elements of the crime In judicial practice,there is no uniform standard to accurately distinguish the two crimes,which brings many challenges to the conviction and punishment of the two crimes.Therefore,it is of great significance to accurately define the crime of corruption and the crime of misappropriating public funds: first,to better crack down on job-related crimes and maintain social justice;second,to better implement the principle of adapting crime to punishment in the criminal law,so as to avoid misdemeanor or misdemeanor,damage the legitimate rights and interests of the defendant or fail to achieve the purpose of punishment.Based on the case of misappropriation of public funds by CAI and Zhou,this paper is divided into four parts: the first part is the introduction,which describes the purpose and significance of the research,literature review,research ideas and methods;The second part is the brief introduction of the case and the focus of dispute,which introduces the basic facts of the case.According to the different opinions of the public prosecution organ and the judicial organ,the focus of dispute is whether the defendant constitutes the crime of embezzlement or embezzlement;The third part is the case analysis,combined with the relevant theory of crime constitution,laws and regulations,judicial precedents and so on,the focus of the case disputes are analyzed as follows: the defendant,as a state functionary,illegally used public property for personal long-term use and control,and did not return it until the judicial organ intervened,On the object,it infringes the integrity of the State functionaries and the stable possession of public property by the units protected by the criminal law.Objectively,it embezzles the public property,subjectively,it has the direct intention of illegal possession,which constitutes the crime of corruption;The fourth part is the thinking and suggestions.Through the analysis of the cases,it summarizes the distinguishing elements of the crime of corruption and the crime of misappropriating public funds,and puts forward some suggestions on the addition of the criminal object and the identification of subjective aspects in the judicial practice of the crime of corruption.