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A Case Analysis of Embezzlement

Author: QiaoYaQing
Tutor: LiuShaoBin
School: Lanzhou University
Course: Legal
Keywords: defalcation crime constitution to use public funds chapternership in crime legislative improvement
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 94
Quote: 1
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Abstract


Defalcation has long been an issue in dispute in judicial practice. The modern economic formations has become more and more complicated by the increasingly completion of the Chinese economic system, and this has brought some difficulties on the establishment of defalcation, a kind of crime by taking advantage of duty. This thesis give some thoughtful conclusion and a rewarding exploration toward the issue of establishment of defalcation in trial practice through some detail cases from the perspective of judicial practice.The thesis mainly give an analysis and demonstration to the objective reasons for defalcation, the definition of defalcation and use of public funds, the chapternership in crime, and legislative improvement.The thesis consists of four chapters. The first chapter give a brief introduction of the case, and put forward some question in the form of some practical cases. The second chapter makes some related jurisprudence analysis in its three sections. The first section dwells on some objective reasons for defalcation including the understanding of "taking advantage of duty", exegesis of four words related to the word "individual" such as: personal use, in the name of individual, personal decision, individual interest. The substantive characteristics of defalcation has been full demonstrated. some subjective reasons for defalcation, the criminal object can only be constituted by actual intent and at the same the purpose of defalcation should be of self-interest. Two is slight difference between "defalcation" and "use" but it is also the difference between crime and innocent. The thesis provides some insightful views for the discrimination of substantive characteristics between these two definitions. Section three elaborates on some requisite conditions for the accomplice and user in the case of defalcation from aspects of subjective, subjective condition and objective condition. In chapter three, some analysis such as establishment of defalcation of the two defendants in this case has been made in this thesis with the guide of some related jurisprudence, furthermore, some other problems such as the establishment of the chapternership in crime of defalcation for a non-specific subject has also been touched. The author reaped its own view that the two defendants in this case could not be established as defalcation from the analysis of the four aspects of crime constitution, the difference between defalcation and legal use, the discrimination between subjective intent and objective behavior. The fourth chapter gives some suggests again some deficient in the legislation of defalcation. The thesis argues that some common public property should be integrated into the object of conduct of defalcation and the address of it should be revised as defalcation of public property; secondly, three different concrete ways of defalcation should be replaced by adding property punishment so that discretion of punishment towards the criminal object could more reasonable.Through the above study and tentative analysis, the author tries to sort out a train of thinking to provide an evaluation standards and value orientation for judicial practice and related theory study within the field of establishment of defalcation of public funds.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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