Confirmation Of The Crime Of Embezzlement

Embezzlement refers to the illegal possession for the purpose, and takes custody ofthe property of others or the lost property of others, and other illegal treasure trove,refusing to return or hand over behavior. In our country，there are no provisions in the1979Penal Code embezzlement, but with the development of economy and society, thebehavior of a variety of types of occupation continue to occur. So in1997,"CriminalLaw" in the first270will begin setting up the "embezzlement" a crime against thosewho deliberately dedicated to serious seizure of property of a type of conduct. Since the1997occupation of incriminating criminal law, many scholars and jurists have done alot of embezzlement of discussion and research. As a pure criminal law the onlypro-civil action, many scholars began to define embezzlement, embezzlement crimeissues for the study of the target range, and so the main content. In this paper I wantfrom encroachment theory and judicial practice to fully grasp the issues related to theexistence of embezzlement, therefore, from the contents of the two main parts of thispaper to elaborate on related issues. First, from the origins of embezzlement chargeslead to the dependence of the legislative basis for embezzlement and legislation toconvey meaning.The first part: the theory of embezzlement mainly conducted in-depth andmeticulous research, elaborated on Embezzlement constitutes a crime. First, the objectof embezzlement were defined, the author finds the object of the crime is not only theownership of private property and should also be right and the other the possession,occupation behavior in the behavior of others entrusted occupation, the object of acrime should also be included commissioned a relationship of trust. Second, the objectis to define the crime of embezzlement of Lost and forgotten things make thatdistinction. Then define the objective aspect of embezzlement, respectively, to conducta comprehensive analysis from "Custody","other people’s property,""refused to refund,refused to hand over" and other aspects and put forward their views and arguments.The second part: Research from the judicial practice in their crime ofembezzlement. First, the nature of embezzlement and theft should be distinguished,followed suit in the form of research questions embezzlement, embezzlement as a purecriminal law the only pro-civil action, when this paper were accepted by the publicsecurity organs and people’s courts deal with different situations.This also has the benefit of judicial practice.