On The Embezzlement Of Public Funds In China's Criminal Law

In the Criminal Law of China,the embezzlement of public funds is verycontroversial. Since the establishment of China’s socialist market economy aswell as the deepening of the reform and opening up in recent years, cases ofembezzlement crime showed significantly increased trend, the amount involvedis increasing day by day, and criminal means is more secretive. Besides that，thewide range of the subjects of crime and legislative defects lead to manycontroversies on the problems in theorists and practitioners. And that is notconducive to combating this crime. In this paper, embezzlement crime as aresearch topic, using comparative analysis, juristic analysis method combinesthe right amount of cases, carried out a detailed analysis of the concept ofembezzlement of public funds and its constituent elements. Proceeding from thelegal principles and practice, the controversial issues on embezzlement of publicfunds are deeply analyzed. In addition，the author considerates the legislativedefects on embezzlement and give some Legislative proposals.This paper isdivided into four parts:The first part is an overview of embezzlement of public funds. This sectionincludes two part:one is the evolution of embezzlement since the founding ofnew China,the other is the concept of embezzlement.The first part focuses onhow the embezzlement separated from the crime of corruption.The second partconcepts the embezzlement of public funds by combining relative clauses of theCriminal Law with the deep understanding of embezzlement Namely,the nationalstaff, taking advantage of the positions, secretly divert public funds for personaluse without the approval of the unit and intend to return the funds in thefuture.The second part is the constituent elements of embezzlement of publicfunds. This part analyzes and interpret how to identifying the four taditionalelements of crime and the problem exists in the four elements. The paragraphson the elements of the object discuss that the embezzlement of public fundsencroachs on the complicated object which includs the clarity of duties of thenational staff and the ownership of public, and ensure the scope of the object of the crime. The paragraphs on the objective aspects of the elements discuss howto identifying”personal use”and”taking advantage of the positions” and interpretthe usage of embezzled funds by combining with three types ofembezzlement.The paragraphs on the main elements give the scope of thesubjects of crime,by analyzing relative judicial interpretation and exclude thecase that the persons entrusted to administer and manage state-owned propertybecome the subject of the crime.The paragraphs on subjective elements discussthat the offence form of the crime is direct and intentional and analyze theproblems on “for the personal interest” in details.The third part is the otherproblems on the embezzlement of public funds. This part interprets the problemson”embezzle but not use the public funds”, joint crime, and "embezzlement hugeamount of non-refundable" in details, and gives the conclusion.The fourth partdiscuss the legislative defect on the embezzlement of public funds and givesome legislative proposals. Constitute the main problem of embezzlement ofpublic funds by the possibility of the unit, the part of the general public propertycould become the object of embezzlement of public funds,"more than threemonths is not also" not also "word problems caused three the legislative Defectsanalyzed, given the recommendations themselves.