Research On The Difficult Problems Of The Objective Elements Of Crime Of Embezzlement

The crime of embezzlement was initially closely linked to the theft,and it was not until the 19th century that it became an independent charge.In the civil law countries have a long history and in the national criminal law are provided,is a theft,fraud,robbery of a class of property-based crime.And the need to understand the crime of embezzlement,pay attention to the understanding of its objective elements is essential.Therefore,this article mainly from the objective aspects of the crime of embezzlement in the difficult aspects of its research,interpretation,with a view to the more accurate grasp of embezzlement.This article mainly includes the introduction,the summary of the crime of embezzlement,the object of the crime of embezzlement,the aggression of the embarrassment,the crime of embezzlement.The first part is mainly an overview of the crime of embezzlement,including the legislation of foreign embezzlement and the crime of domestic embezzlement in two aspects.The legislation of foreign embezzlement has been divided into Anglo-American law system of national embezzlement and civil law criminal law.Our legislation on the crime of embezzlement has long been a felony.After the development of the various dynasties and by the influence of Western capitalist countries in the late Qing Dynasty,there was a real occurrence of embezzlement in the modern sense.The second part introduces the object of embezzlement,first analyzes the object of generalized embezzlement,and analyzes the extent to which the possession is the fact or the right and the actual control of the object.Followed by the narrow sense of embezzlement,that is,the occupation of custody on behalf of the custody of the custody of the custody of the connotation of custody is held on the basis of the fact that the possession of the standard,on behalf of the custody of the possession of the possession of the problem and the abstract facts to understand the error to explore The essence of the crime of narrow encroachment.Once again on the possession of objects from the possession of the crime,that is,the occupation of forgotten objects,burials,distinguish between forgotten and lost objects,and buried the concept of the concept of civil penal analysis.Finally,the analysis of the encroachment and the encroachment of the divestiture from the custody and conviction.The third part is the debate on the invasion of behavior.Refused to return,refused to surrender the problem.From the illegitimate theory of the distinction between the identification of illegal possession of their own meaning,from refusing to refuse,refused to surrender the connotation of the establishment of the crime of embezzlement or the establishment of the elements of encroachment and its circumstances and time Defined to explain the refusal to return,refused to surrender the understanding.The fourth part is about the practice of the crime of embezzlement.Mainly from the crime of embezzlement and theft of the crime,the form of litigation of embezzlement,the prosecution of the prosecution of the limitation and the amount of large four aspects of the crime of embezzlement from the criminal law theory and judicial practice to make in-depth study.