On The Object In Embezzlement Crime

As an integral part of embezzlement crime's constitutive requirement, the objects in this crime has itself characteristics comparing with the one in other crimes. On one side, the criminal law rules the object sonly include storage objects, hidden property and letters close objects. On the other side, in practice, the recognition to these three parts is much different. The determination of the object in this crime is directly concerning with its conviction. The article introduced thoroughly the different theories carried out by domestic lawful circle to the object of this crime and introduced alternatively the related abroad theories. On this basis, the author adopted the matters of analogy to point out that the objects including natural property and lawful property and expounded it deeply, therefore, form a new knowledge to the object of this crime.In the first part, the author discussed systematically the definition, characteristics, standard and classification of the object in embezzlement crime, and introduced emphatically one of the characteristics of the object—the characteristic of"other's property"and the academia's two perspectives:"the subordinate doctrine"and"the independent doctrine". On this basis, the author pointed out that the former was more reasonable. The object in embezzlement crime has the characteristic of universality and restriction. However, not all"other's property"can become the object of the crime. Here, other's property must meet the following conditions, they are economic value, property attributes, management possibility, possibility of ownership transformation, and circulation attributes and exchange value in usual sense. The article started from the natural and lawful attributes of the property, explained concretely the various types of properties which probably become the object of...