A Study On The Qualitative Problem Of Embezzlement Under The Payment With Illegal Reasons

The interaction between different laws has become more and more frequent.Different laws and regulates may rule the same behavior.The qualitative problem of embezzlement under the payment with illegal reasons is the inevitable outcome of criminal law and civil law.But in the existing legal system of our country,the illegal reason payment system has not been formally established.How to determine the nature of embezzlement under the payment with illegal reasons has no rules to follow.In judicial practice,there is a phenomenon of different judgments on embezzlement under the payment with illegal reasons in similar cases.In essence,the signs of different judgments in the practice are the reflect that the theory has not reached a consensus yet.It is necessary to think and explore the theoretical problems of embezzlement under the payment with illegal reasons.Therefore,it is the only way to deconstruct the concept of illegal cause payment from the perspective of criminal law and civil law.At the same time,the key to the problem is to find a way to solve the contradiction and conflict of illegality judgment in different legal fields.Under the unity of legal order,"Harmony but difference" should be allowed.Through the study of this paper,it is expected to contribute to the promotion of the theory of illegal relativity and put forward reasonable suggestions for the type treatment of embezzlement under the payment with illegal reasons.This paper is divided into five parts to study the qualitative problem of embezzlement under the payment with illegal reasons".According to the path of raising the problem(The first part and The second part),analyzing the problem(The third part and The fourth part)and solving the problem(The fifth part),put forward personal opinions:The purpose of the first part is to put forward the problem——through the practice of different judgments in similar cases triggers theoretical thinking.According to the cases and the literature,the judgment results of this act in judicial affairs can be roughly divided into three kinds:the first is that it is a criminal offense;the second is to use it as a method of other crimes;the third,it is identified as civil lawlessness.The second part,under the guidance of the principle of functional comparison,introduces and explains the evolution and current situation of foreign cases and theories,based on Germany and Japan.Review the attitude of theory and practice towards the act of embezzlement under the payment with illegal reasons of our country,and make a comparative analysis of various claims and cases,aim to clarify the focus of disputes.The third part analyzes the concept of "the payment with illegal reasons" from the perspective of the convergence of criminal and civil norms,and then analyzes the subjective and objective elements of the concept,so as to lay the foundation for the further study of embezzlement.The fourth part explores the essence of differences through the appearance of competing viewpoints.In the face of the discussion of the judgment methods of illegality,weigh the pros and cons of different judgment ideas,and finally choose the relative illegality theory as the best path to determine the embezzlement behavior under the payment with illegal reasons,and then show its advantages from the perspective of theory and practice.At the same time,in order to get the correct qualitative conclusion,the adjustment rules of relative illegality theory are put forward from the macro and micro level.The fifth part returns to practice from theory.Empirical research has been carried out to study on the nature of embezzlement under the payment with illegal reasons.And collect nearly1000 cases,after the second screening,there are more than 100 judicial documents with the strongest relevance left.The selected judicial documents can be divided into two types by the status of the receiver:the criminal act committed by the receiver alone and the joint crime.Further,take the accusation as the variable and type the act of embezzlement under the payment with illegal reasons.