On the Crime of Embezzlement:A Perspective From the Theory of Single Legal Interest Infringement
Traditional criminal law theory holds that the crime of embezzlement is separated from the crime of corruption,so the understanding and application of the crime of embezzlement by taking advantage of one's position,as well as the modes of conduct and the legal interests infringed,are all based on the understanding and application of the crime of corruption.Howev-er,the understanding of the crime of embezzlement should not be separated from the perspective of legal interests protected by criminal law,and the theory of single legal interest violation should be adhered to,with the crime of embezzlement as the reference standard.The"taking advantage of one's position"should be comprehensively considered from both"position"and"advantage",and its modes of conduct should be limited to embezzlement.
embezzlementsingle legal interesttaking advantage of one's positionmodes of conduct