Research On Difficulty Questions On Crime Of Embezzlement

The crime of embezzlement is a new accusation of our criminal law in 1997 which in orderto adapt to the needs of the objective situation. However, because of the legislation technologyand the lack of specific judicial explanation, the dispute of controversial questions on this crimestill continued. Although the criminal law academic research went into a more deep stage andhad got a plenty of research productions. But there are lots of the disputes about controversialquestions. Such as how to understand the property holding, the forgotten and refuse to return orsurrender. So this article will analyze Zhang Jianyong case in order to put forward their ownattitudes to the judicial practice well.The main body of this article is divided into five parts:The first part is statements and dispute case, the process of the case and the qualitative tothe differences in the case. There are mainly three kinds of different points of view, and thereason for their respective has also briefly discussed, and summarizes the cases involving severalof the main focus.The second part is the nature and control state of the cash. First, we have discussed therelationship between the forgotten and the lost property. Then we think the cash belongs to theforgotten and not the lost property according to the difference between them. And last, weanalysis the forgotten for the control of the state on the van cash. The author thinks that the cashis underling the control of Zhang Jianyong.The third part is the legitimacy of the holding and the behavior analysis of transferringpayment. It discusses the connotation of holding, the legitimacy of the holding. Through detailedanalysis of the cash, Zhang Jianyong can hold the cash. Now, the person hold the legal cash, thenZhang Jianyong transfer this amount of action does not belong to stealing secrets of larceny.The fourth part is refusing to return or surrender and the analysis of embezzlement forms ofaction. We introduced the refusing to return or surrendered properties. According to the meaningof the refund or surrender to express way analysis of the object and the Zhang Jianyong’s behavior. According to refund or hand over time to determination standards that Zhang Jianyongin this case to return or surrender was established. At the same time, we discussed briefly theforms in the crime of embezzlement.The fifth part is the conclusion of the case. The behavior of Zhang Jianyong does notconstitute larceny but the crime of embezzlement. Then, it is the behavior analysis of ZhangJianyong.This article claims that the decision of the people’s court is not legitimate, and theauthor shows his own points of view at last.