Study On The Issues Concerning Encroachment Crime Of China

Encroachment Crime falls into the category of Crime against Property in whichEncroachment Crime is one of the most frequently committed criminal acts.Encroachment Crime was supplemented into the Criminal Law of China in 1997 as anewly established charge, which complemented the deficiency of Crime againstProperty legislation in the former Criminal Law. According to Article 270 of theCriminal Law, Encroachment Crime is defined as: the criminal act committed by asuspect who encroaches on other people's property trusted, mislaid or concealed withan illegal motive and by a large amount and refuse to return or hand in. Yet, for thesake of short-term establishment and legislation deficiency of this crime, justice stuffappears to be hesitant to clarify Encroachment Crime from other crimes againstproperty. Consequently, Encroachment Crime has long been appealing to criminalexperts and an embarrassment to the administration of justice since the issue ofCriminal Law.This paper, in light of constitutes of Encroachment Crime, attempts to study onencroachment act confirmation, suspect clarification, circumscription research andissues concerning the accomplished as well as attempted crimes. Meanwhile, andmeanwhile put forward a few advices for the further improvement of legislation.