A Study On The Penalty Allocation Of The Crime Of Embezzlement In China

The crime of embezzlement,as a manifestation of corruption crime,has the great social harmfulness.At present,there are many issues in the penalty allocation of embezzlement crime in China,such as the contradiction between death penalty and penalty humanitarianism,the low application rate of criminal detention penalty,and the lack of discretion method of fine penalty and so on.Therefore,it is necessary to adopt legal,effective,comprehensive and reasonable punishment methods to punish the crime of embezzlement.The full text is divided into the following five parts:The first part is the summary of penalty allocation of embezzlement crime in China.First of all,the concept and characteristics of embezzlement crime are analyzed by author.Secondly,the author defines the concept of penalty allocation.Thirdly,the author expounds the basic principle of penalty allocation of embezzlement crime in our country.Finally,the author briefly combs the history of penalty allocation of embezzlement crime in China.The second part is the present situation of the legislation and application of the penalty allocation of the crime of embezzlement in China.According to the current criminal law,the crime of embezzlement exists in four penalties,life penalty,freedom penalty,property penalty and qualification penalty.Taking this as the logic of the writing,the author combs the current legislative and applicable situation of the penalty allocation of the embezzlement crime in China.The third part is the issues of penalty allocation of embezzlement crime in China.Specifically,the existing issues of life penalty include that the penalty allocation of embezzlement crime is contrary to the humanity of penalty,the scope of application of life imprisonment is relatively small.The issues of free punishment include,the applicable rate of criminal detention is low in the crime of embezzlement and the crime nature of the crime of embezzlement is contrary to the standard of penalty discretion.The problems of property penalty include that the penalty of fine in embezzlement crime lacks the method of amount determining,and the application mode of fine penalty in crime of embezzlement is too single.The existing problems of qualification punishment include that the penalty allocation of the qualification for corruption crime is only reflected on the general principles of criminal law,and the deprivation of political rights has strong political color.The fourth part is the inspiration about the present situation of the penalty allocation of the crime of embezzlement in the international covenants and other foreign countries.The author analyzes the current situation of the crime of embezzlement in the international conventions,the United States,Germany and Singapore.Finally,the author draws the enlightenment.The fifth part is the perfect basis and suggestions of the penalty allocation of the embezzlement crime in China.On the basis of the basic principle of the penalty allocation of the crime of embezzlement,the author put forward the suggestions on penalty allocation of the embezzlement crime in China.Specifically,the improvement of the life penalty includes two suggestions.The first suggestion is to severely restrict the application scope of the death penalty.The second suggestion is to expand the scope of life imprisonment and to impose life imprisonment as the maximum penalty for the crime of embezzlement.The perfect suggestion of the free punishment includes that abolishing the criminal detention and paying more attention to the amount standard of the penalty for the free punishment of embezzlement crime.The improvement of the property penalty includes the following steps,applying the penalty of the daily amount to determine the standard of amount of the penalty and adding the selective penalty to the application mode of the penalty.The perfection of the qualification penalty includes two suggestions.The first suggestion is to add the qualification to the crime of embezzlement in the criminal law.The second is to set up the qualification of deprivation of a specific position penalty for the embezzlement crime,and to pay attention to its legal value.