Comment On The Crime Of Embezzlement

The legislating of the Crime of Embezzlement uses the overseas related legislation for reference, but has many difference in the content. It reflects the theory of minor offence and the peculiar purport of the Crime of Embezzlement of our country. It has its own distinctive flavour. But as a new charge in the new Criminal Law, the Crime of Embezzlement has given rise to many controversies in the academic circles. According to the Criminal Law and the legal practice, this essay makes a tentative study on the crime so as to prevent and punish such acts.This essay is divided into the following 5 parts with introduction of each.Part One: Outline of the Crime of Embezzlement. In this part, a brief introduction is first made on the legislation of the crime both at home and abroad, then I compare the legislation of other countries. After that, I clearly defines the conception of the Crime of Embezzlement by comparing and analyzing different ways to express the conception of the crime.Part Two: The core of this essay -constitution of the Crime of Embezzlement. By studying and analyzing the constitution of the Crime of Embezzlement, I indicate that the object is the ownership of other's properties, and make a thorough analysis of the object, expounding the scope of the storaged objects (the objects another person has forgotten about is different form objects another person has lost).As for its objective aspect, I make a distinction between the two acts and analyse them: refusing to return the storaged objects and refusing to hand over the forgotten or buried objects, so that it can be more clear and easier to understand. As for the subjective aspect, I explain the purpose of illegal possession. Approach its essential factor which seems to be intentional. I probe into the scope of its subject and the question whether the crime can be committed by an organization.Part Three: Questions on Cognizing the crime. This part mainly deals with the dividing lines between the crime of Embezzlement and some relevant crimes, andquestions on accomplished offence and attempt of the crime.Part Four: Questions on complaint and punishing the crime. In this part, I probe into the question of complaint, and indicate the deficiencies in legislation on the crime, then I make a detailed exposition on how to use laws to punish the crime.Part Five: Suggestions on perfecting in legislation. First, I analyse the value of the advantages and disadvantages of the crime. Then I put forth some suggestions on perfecting in legislation, in view of the deficiencies in legislation of the crime. (1) Definite the scope of others' belongings. (2) Enlarging the object of the crime. (3) Making a distinctive punishment to the acts occupying different objects. (4) The maintaining of the large amount. (5) An exception should be added to the regulation upon complaint aiming at acts taking possession of public property unlawfully.