Study On The Criminal Object Of Embezzlement Crime

The object of crime is an important element of constitutive elements of a crime. On one hand, behavior constitutes the crime only by acting on specific object,In this sense, the object of crime serves as the standard for judging crime and non-crime. On the other hand, when specific provisions of criminal law inflict different crimes aimed at different objects of crime, the object of crime is the distinguish standard for this crime or that crime. Crime of embezzlement is the specific crime of an object, and this crime was added in the newly revised penal law in 1997 as an independent accusation. For a long period before, relevant regulation for the penal law is vacant, while scholars also have a late start for the research. Especially, the researches on object of crime of embezzlement are rare and precious. In foreign countries, many countries have clear regulation for crime of embezzlement, as well as certain researches on the object of crime of embezzlement. However, there are differences between the crime of embezzlement legislations at home and abroad, while China has special social-economic formation. Besides, the contents of crime of embezzlement are comparatively complex; the transplantation and reference for the foreign legal provisions are faced with certain difficulty, while researches of the domestic scholars depend on their own reviews, thus resulting in chaos in terms of identifying the object of crime of embezzlement during the juridical practices. Hence, the author plans to start from the famous case of Liang’s inviting suspicion of embezzlement, and analyze the three objects of crime of embezzlement based on scholar research. Furthermore, comprehensive analysis has been conducted ondifferent judging standards of the three objects of crime which have been put forward by different scholars. Meanwhile, several special judging standards of the objects of crime have been analyzed, so as to summarize the feasible judging standards, based on which the author’s own opinions about the case in the paper have been presented.