Study Of Embezzlement

Embezzlement is an important form of crimes against property. It destroys people's expectation on trade in economic communication and the regular social intercourse deeply, and threatens the public and individual possessions of property, for the fraudulent conversion of the property of another by one who has lawful possession of the property. So, embezzlement is ruled by criminal law. It has very important value in theory and practice to study its constitute elements and disclose its traits exactly.This article is divided five parts, as following:The first part is the development history of embezzlement. In the point of analysis law and history research, the author reviews the legislation of embezzlement in the whole world. On the basic of it, the author analysis and evaluate the legislation background and the legislation purpose in our criminal law.The second part is the objective body of embezzlement. In this part, the author proposes that personal property ownership, public and collective property ownership should be included in the objective body of embezzlement. The author also studies the extents, content and types of object of embezzlement, and think the object is other's property that the criminal preserves temporarily, articles lost by other person and articles buried by others. And he proposes estate, part of invisible property, booty and typical articles can be included in this extent. But except having visible forms, knowledge property does not belong to the object of embezzlement.The third part is the objective behavior of embezzlement. These behaviors include: holding other's property lawfully, converting the property of another fraudulently, and the amount of this property is large; refuse to return other's property which he preserves temporarily; refuse to turn in articles lost or buried by other person and articles buried by others.The fourth part is the subjective body of embezzlement. According to criminal law, any person who is beyond 16 years and has ability to response for a crime can regarded as the subjective body of embezzlement. On the other hand, unit should be added in the extent of subjective body of embezzlement by criminal legislation.The fifth part is the intent of embezzlement. The mens rea form of embezzlement is direct intent, and the criminal has the purpose to own property unlawfully.The sixth part is the determination of embezzlement. In this part, the author studies these aspects: time limit, express forms, object, and determination standard of "refusing to return" and "refusing to turn in". The standard of consummated is that the criminal refuses to return and refuses to turn in .and these make the property of owner or holder lost. Embezzlement has not attempted form. The author also studies crime and non-crime, this or that kind of crime in embezzlement.