Probe Into Several Problems Of The Crime Of Embezzlement

In our country, the embezzlement, as one type of crime punishment have a long history, however, in the 97 criminal law legislation, criminal law system is not in specific occupation, and in the judicial practice of the past, more is through the analogy to explain the principle of the embezzlement explanation to the theft, and punishment. The issue of 97 criminal law stipulates clearly the embezzlement, makes the occupation of criminal liability shall be pursued with a clear legal basis. About the set up, on the one hand, tends to make our criminal legislation more scientific and perfect, for the judicial authority to punish criminal behavior provides a new legal basis; To make up for our country, on the other hand, on punishing the stretched when violation of property crime, make greatly enhance protection for the interests of the property owners, more conducive to standardize during the economic exchanges between people, which to a certain extent, improve the rule of law order, make the atmosphere of the economic operation in a much smoother.However, along with our country criminal law educational world of embezzlement research gradually thorough, embezzlement legislation defects is also gradually appear, each school debate, difficult. The author hope that through their own meager power, do a simple comb for embezzlement, sincerely hope to be able to to judicial operation play a role in the real life, also hope to enrich the study of the theory of the our country criminal law about the embezzlement, should be very happy.The first part begins, the current criminal law academic circles at home and abroad research situation of the crime of occupation for roughly comb, and points out the main arguments in the process of research on embezzlement.The second part is specifically for our country criminal law stipulated the embezzlement systematically expounded, according to the theory of Chinese criminal law theory of the traditional four elements of embezzlement commands deconstruct it through thoroughly.The third part mainly pick embezzlement research process of confusion and hesitation of two problems, respectively is "forgotten" and "refusing to return" qualitative, separate out for analysis.The fourth part through the occupation crime and civil tort and unjust enrichment ratio of embezzlement, and discusses the embezzlement and theft, fraud between form and substance of different side side, let everybody to embezzlement have a more clear understanding.Fifth part on the basis of the comprehensive each academic predecessors research, is lack of embezzlement legislation illustrated my point of view, and puts forward some legislative Suggestions as a turning point and the suggestion.