Embezzlement Crimes Objects Analysis

As a type of crime, the encroachment crimes have a centuries-old history, and it emerged with the appearance of the class society and the forming of private property system. The encroachment crime that is stipulated in the "Criminal Law" as a crime could be seen in Roman law-an ancient law in Roman Times. At present, it has been stipulated in the "Criminal Law" of most countries in the world. But this crime can be found neither in the criminal law constituted in 1979, nor in the subsequent seperate edition of the criminal law. Considering the development and the demand of the Chinese society, the legislatures added the encroachment crimes in 1997 by using the experiences of the lawmaking in foreign countries for reference. In this paper, according to the principles of China's Criminal Law, combining the rules of lawmaking and the practice of the law of our country, the author elaborates on the criminal objects of the encroachment crimes, hope to study the encroachment crimes more deeply in theory and practice and try to make an innovation.There are three parts in this paper. The macro frame and main contents of this paper are as following:Part 1: General Introduction of the encroachment crimes. In this part, the author mainly explains and compares the historic evolution of the encroachment crimes in both China and foreign countries. In China, there are the related statutes about the encroachment crimes in the laws of many periods, from the ancient law to the modern law, from the new China's law, to the criminal laws of Hong Kong, Macao and Taiwan. In addition, the author elucidates the encroachment crimes of the foreign countries in the aspects of ancient times and modern times. Finally, when expounding the modern encroachment crimes, the criminal law the author particularly telling the differences of Anglo-American, Continental, and former Russian's regulations of the encroachment crimes.Part 2: General Introduction of the targets of the encroachment crimes. This is the theme of this article. According to hermeneutic of Criminal Law, there are three types of targets, and they are trust properties, oblivious goods, and buried goods. Specifically, this article will focus on the connotation and character of encroachment. Also, it aims at pectination and analyzes of different understanding and views of the targets of the encroachment crimes. Part 3: Cognizance of justice of the targets of the encroachment crimes. This is the end-result of the text. This part mainly discusses the differentiation between encroachment crimes and larceny, defraudation, trench on principalship. The purpose of doing this is to provide theoretic direction of encroachment crimes.