Typical Cases and Legal Application (Criminal Category) 23--Embezzlement: Criminal Category

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-08-01
Features: "Examples support the law, not break it," the guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. (Supreme People's Court Gazette) Every issue carries cases approved by the Supreme People's Court or discussed by the Supreme People's Court Judicial Committee, requiring courts at all levels to refer to them in judicial work; since 2000, the Supreme People's Court has publicly disclosed judgments and decrees; since 1995, the Supreme People's Court China Applied Law Research Institute has edited and published (People's Court Case Selection). After nearly a year of effort, we have launched this series of books. In the editing process, we attempted to give the series the following distinctive features:
1. Typical and Realistic Cases. Most of the selected cases belong to (Supreme People's Court Gazette), cases published by the Supreme People's Court and its divisions through other forms, and each case is as typical as possible. For convenience, we have summarized the essence of each case and listed it as "Issue Highlights" before the case. All cases are kept real. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to (Supreme People's Court Gazette) cases and judgments and decrees announced by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, and Rules], [Interpretations of Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, the replies of the Supreme People's Court to lower courts' requests on legal application, judicial documents published by local courts, and research findings of courts at all levels on handling certain types of cases are also unique aspects of this series.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types (causes of action) of civil, criminal, and administrative cases. The first batch of civil series has already been launched, with a total of 43 volumes, and now the second batch of criminal series is being released. It should be noted that some cases were rendered before relevant new laws were enacted, so the judgments and analyses may include provisions of old laws, but the legal issues involved remain important. We have selectively included such cases, with the primary purpose of analyzing legal issues in the analysis. In the "Legal Application" section, we list the new legal basis. Please note this when using the series. During the editing process, many judges of the Supreme People's Court have given us enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope that this series can contribute to the accumulation, summary, and dissemination of judicial practice experience.