Research On Formation Of The Crime Of Embezzlement

The crime of embezzlement is a crime, criminal law of our country in 1997 the newly revised increased today, after over ten years, although since new research about the embezzlement crime since the embezzlement discussion never stop, but the discussion in many aspects still has not formed the unified general said, China is still no about embezzlement crime judicial interpretations. The more general plus embezzlement crime criminal law provisions, the specific cases in the judicial practice is constituted the crime of embezzlement or other property crime or civil law adjustment, also has been difficult to problem solving. Such as the first act of the crime of holding how to recognize, how to distinguish and theft. Forgotten things necessary without distinction and the lost property, lost property after refusing to hand over property is constituted the crime of embezzlement or according to the unjust enrichment processing, mining buried constitute embezzlement or theft, refused to hand over whether there is a deadline, and of the embezzlement obstructed etc.. The starting problem of judicial application of this article will exist from the concrete case, combined with case analysis research at the same time, put forward their own views and ideas, hoping to give some help to the judicial practice.The thesis consists of introduction, four chapters and a conclusion:The introduction describes the research history, research status of the crime of embezzlement of the meaning and purpose of thesis writing.Firstly, research on the behavior of elements of embezzlement crime. On the crime constitution behavior analysis, case demonstration by Hou yuan, borrowing of bank card belongs to entrust others to access, belonging to hold. Secondly, the research object of crime of embezzlement. Through the case demonstrates to take custody of property of others in the "others" whether should include close relatives, close relatives can constitute the crime of embezzlement of property, but can refer to the larceny. Forgotten property and lost property has no need to distinguish between the embezzlement of lost property, can also constitute the crime of embezzlement, embezzlement, but shall apply the provisions of the first paragraph in accordance with the provisions of punishment, not forgetting things. And mining the accidental discovery of identification of the nature of objects buried in ownership, clear space accidentally found buried and mining, only constituted the crime of embezzlement. Thirdly, the study of encroachment results. Through the case analysis, illegal own results, and the results of the crime of embezzlement performance. Finally, the crime of embezzlement pleadable reason research. Through the case analysis about resistance, but of the embezzlement of justifications, the two is the analysis of resistance is of the embezzlement of justifications from the subjective and objective.The conclusion, summarizes the full thesis.