Research On Embezzlement Crime Litigation Mode

Embezzlement crime handled only as told in our legislation, the victim to need to be told to maintain their own rights, but our country told only filed to the people’s court. China told equates to bring a private prosecution, therefore our country the crime of embezzlement in the proceedings are exist many problems. The four part of this paper discusses, I put forward some suggestions to solve the problem, the hope can cause the attention of legislative authority.The first part is the analysis of the crime of embezzlement tell just processing content, in this part of the Communist Party of China will be five problems. The first is about the connotation of the crime of embezzlement, including the characteristics of the concept of the crime of embezzlement and the crime of embezzlement, is mainly to make clear what is the crime of embezzlement. The second is about to tell the content processing, mainly writes is told to deal with meaning, tell feature in order to processing and comment on the legal nature of the tell just processing dispute, through the introduction of recognize tell just processing. Then write is the legal provisions of our country the crime of embezzlement told to deal with and reason. Then is about the embezzlement crime main body of the crime of embezzlement tell, tell the subject is solved who tell right. In the last part of the paper is invaded sin acceptance mechanism.The second part of the article is the extraterritorial embezzlement crime litigation mode of study, this part mainly about other provisions of the state on the embezzlement crime litigation mode. In Anglo American law system, all countries to invade the crime to the crime of theft, the adaptation is a national public prosecution procedure. In the civil law system countries, some countries not tell just processing system, all crimes including embezzlement, are only applicable national prosecution, such as japan. In some countries, although the provisions of the crime of embezzlement tell just processing, but these countries only on certain occupation crime applicable tell just processing, and the final procedure only attorney prosecuting, such as Italy. And the country has only the kinship of infringer and victim applies only when told to deal with, and take the private prosecution procedure, such as Germany and South korea. The third part of the article is written in our country the crime of embezzlement told some problems and defects. Registration problems of embezzlement crime litigation, convergence problems in evidence collection and "Prosecution" to "private", andbecause of the existence of these problems, causing the victim is difficult to realize smoothly the litigious right and the protection of their own their own interests.The fourth part of the article is on the way and perfect embezzlement crime litigation dispute. Dispute is mainly of the crime of embezzlement of public prosecution is there in china. Suggestions are divided into three points: the first is to expand the acceptance organ of the crime of embezzlement; second is to keep tell just processing crime structure balance, for serious embezzlement crime is not applicable to tell just processing; third is to broaden the recourse of the crime of embezzlement, the crime of embezzlement of public prosecution of private prosecution and coexistence. Through these three aspects of suggestions to perfect our crime of embezzlement, deficiency in litigation.