| The crime of encroachment is a crime newly added to the criminal law in 1997. Broadly speaking the crime includes not only the crime of encroachment listed in Article 270 of our criminal law, which can be called general encroachment, but also the official encroachment in Article 271, which can be called special encroachment. The crime of encroachment in this thesis refers to the general encroachment. According to the academic research in recent years, the concept and the essence of the encroachment, the objective and the formation of the crime, and the difference between the crime and the civil infringement and other similar crimes, etc. remain to be further discussed. By comparing the legislations and theories of the crime of encroachment in China and foreign countries, by analyzing the different ideas of our own scholars, and in the light of the problems easily confused in the judicial practice, the author makes a useful inquiry into the objective of the crime, the characters of the crime in objective aspects and the difference between the crime and other crimes in judicial practice, and then puts forward some suggestions about how to perfect criminal law's legislation.The thesis has more than 37000 words. It consists of introduction, body and conclusion. The body has 4 chapters.The introduction gives a brief account of the legislation and the concept of the crime of encroachment, the relative contentious issues in recent years and the theoretical background. Based on the internal legislation and judicial practice, this part lays more emphasis on the importance of the theoretical research by comparing the crime of China and foreign countries.Chapter 1 is about the comparison and research of the crime. The author first introduces the charge, the legislative pattern, the concept, the objective of the crime, the encroaching act, the survey of the legislative and theoretical research of the prescribed penalty. And then, by using the legislative experience of other countries and districts for reference, the author thinks it's worth considering to classify the crime into general encroachment, the crime of encroaching the property separated from the owners and the official encroachment. The scope of the objective of the crime in our country is relatively small. The prescribed penalty should vary with the different conditions of the objectives. The encroaching act of our country "taking possession of sth illegally" has no real difference from the act of acquisition in the civil law system.Chapter 2 is about the objective of the crime. From the meaning of the property taken care of for others, property that have been forgotten, and the property buried in the earth, which are stipulated in the criminal law, the thesis introduces the theoretical difference and makes a theoretical analysis of the particular property involved in the crime of encroachment. The authors also expressed the following ideas: public property, shared property, stolen property, real estate, things incorporeal, intangibles cannot be excluded from the objectives of the crime; contraband goods can not be regarded in principle as the objective of the crime; lost property is different from forgotten property; the lost property, the floating property, hidden property and sunk property which have been separated from the owners are not the objectives of the crime.Chapter 3 is about the objective act of the crime. This part first discusses the essence of taking care of property for others and the bases on which the actor holds the property. When it comes to the encroachment of the property taken care of for others, the author thinks that the essence of taking care of the property for others is keeping. Ordinarily when the actor keeps sth he has lawful reasons. But it is not impossible that he keeps sth unlawfully. Illegal profit and reselling do not constitute the custodial relation in the crime. Usually there does not exist encroachment in guardianship or employment relation. The author also puts forward his own idea about "...
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