Discuss The Object Of The Embezzlement

As a crime of office that seriously infringes on the integrity of state functionaries and the ownership of public property,the crime of embezzlement has always been the focus of China’s crackdown.In recent years,with the increasing complexity of the forms of existence of property,the traditional concept of "public property" has not been enough to cover all the criminal objects of corruption,and many difficult problems that need to be solved have emerged in judicial practice.This paper introduces through individual cases whether bribery funds can become the target of the crime of embezzlement,how to make the target of the crime of embezzlement in state-funded enterprises,and whether the property of the "small treasury" can become the object of the crime of embezzlement,etc.,and conducts in-depth analysis in combination with the regulatory process and relevant viewpoints of the object of the crime of embezzlement,and finally puts forward suggestions for the judicial improvement of the object of the crime of embezzlement.According to the provisions of article 64 of the Criminal Law on articles related to crimes,it can be seen that the bribes accepted need to be handed over to the State Treasury in accordance with the prescribed requirements.At this time,if it is determined that the bribe payment is not the criminal object of the crime of embezzlement on the grounds that the unit does not have ownership of the bribe money,it means that the state of possession of the bribe money is not protected by the criminal law,and the proceeds of the crime or contraband are excluded from the criminal object,which is inconsistent with the state of possession of the property protected by the criminal law.The misappropriation of such property by public officials by taking advantage of the conditions of their powers will inevitably cause damage to public and private property,and at the same time violate the objective requirements of the integrity of their duties,so the proceeds of crimes such as bribes are still the targets of the crime of embezzlement.In a wholly state-owned enterprise,since the relevant property is public property,but the job convenience of the crime of embezzlement is not all the convenience of the position,only when the perpetrator has the convenience of the position of supervising,managing and handling the public property,it is possible to infringe on the ownership of public property and the integrity of the official act at the same time,and the public property at this time is the criminal object of the crime of embezzlement.The nature of the property of a joint-stock company in which the state holds or participates in the shares is difficult to determine,and the target of the crime of embezzlement shall be determined on the basis of the identity of the perpetrator as a state functionary.Small vaults funds off the books of the unit are also part of state-owned assets and can also be the object of corruption.Although the small treasury is often a fund held by individual staff within the unit and is not reflected in the unit’s account,the purpose of use of these funds is to be determined,often for the disciplinary expenses of the unit,and may also be used for personal expenses,and the private possession of the small treasury cannot be directly regarded as private ownership.The assets of the small treasury are still under the management of the unit,but the way of depositing the funds and the purpose of use are changed,and they are still public property,which can be the object of the crime of corruptio,rather than the proceeds of accomplishment of a crime.