Study On Controversial Issues Of The Crime Of Embezzlement In Judicial Practice

The essence of embezzlement crime is characterized in that the possession of illegal appropriation of other people’s property. And the identification of embezzlement crime and possession system is closely linked. Based on the provisions of the Criminal Code on embezzlement crime, combined with the specific circumstances of the judicial practice, focusing on the existence of the problem in the theoretical study, the paper is divided into three chapters:objects of embezzlement crime, objective aspects and judicial determination, trying to get the conclusion drawing the true reality of our country.The first part is expanded around the object of embezzlement crime. The custody should be understood from the possession relationship in the reality, and without legitimacy as a precondition. Besides, the writer also defines the scope of the possessions lost and treasure trove in the embezzlement crime.Part Two respectively explores the meaning, the nature and forms of unlawful forcible possession. Focusing on the relationship between the two aspects combining different theories, the author tends to draw his own opinions that refusing to return or surrender shall be the negative objective conditions of the embezzlement crime.Part Three mainly discusses differences between embezzlement crime and civil law, such as those differences of unjust enrichment, as well as embezzlement crime and theft crime. The author tries to explain and illustrate the problems existed in the identification of embezzlement and crime theft crime during judicial practice ensuring the accuracy of judicial determination.