Study On Some Issues Of Embezzlement Crime

Embezzlement is a new crime in the Criminal Law of China Revised in 1997. It is no problem in the target of embezzlement crime——another person's money or property under his custody, others' lost property and buried-object, but there still exists large divarication about the conceptions and categories of three above target. Especially, there are some different ideas about comprehension of "illegal occupying", "refusing to return" and "refusing to surrender", the amount of committing a Embezzlement crime, the exceptions to the cases of "handled only upon complaint" and so on. Therefore, this thesis makes a systematic and deep research on Embezzlement and it is composed of four parts:The first part is the concept and composition of Embezzlement crime and the development and evolution of Embezzlement crime in detail overall.The second part discusses the target of Embezzlement crime and some defects in the legislation of Embezzlement, providing some effective measures to amend the Article 270, in the Criminal Law of China Revised in 1997.The third part is the research on the Objective Aspects of Embezzlement. Mainly focused on the constitutive elements of embezzlement crime——"illegal occupying", "refusing to return" and "refusing to surrender".The last part focuses on the exceptions to the cases of "handled only upon complaint" in the Embezzlement crime.