Study Of The Crime Of Embezzlement

The Crime of Embezzlement, which is a new charge in the current Criminal Law of our country of 1997, has given rise to many controversies in the academic and judicature circle, as a result of the legislation and the judicial experience insufficiency. This article based on the predecessor research, study the elementary theory question of the Crime of Embezzlement, and the study of the dispute question which appeared in the judicial practice.The first is outline of the Crime of Embezzlement. In this part, a brief introduction is first made on the development of the crime in the history. The second is about the concept of the crime. In this part, I make a thorough study on the constitution of the crime, and indicate that the object is the ownership of others, and depict the question of the related criminal object. The third is the morphology of the Crime of Embezzlement. This part emphasis deals with the questions on accomplished offence and attempt of the crime. Finally, Questions on Cognizing the crime. This part mainly deals with the dividing lines between crime and non-crime and some relevant crimes. Because it is difficult to judge the Crime of Embezzlement, so I use a lot of actually cases to explain some concepts.