The Formation And Judicial Cognizance Of Embezzlement Crime

The Crime of Embezzlement in Criminal Law, Which our country revises newly tooccupy crime, but at foreign countries and regional for criminal law among to shouldguilty regulation and study remote history and abundant experiences. In order to strengthenwith this guilty prevention and punish, according to the stipulations of criminal law of ourcountry ,this text combines China and foreign criminal law about guilty legislationstipulating and the judicial practices of our country ,carries on the preliminary discussionto the Crime of Embezzlement.The full text divides into following three parts: Part one, Introduction.This part ofbrief introduces the Embezzlement Crime production and development and set up thelegislativemeaning that should be guilty .Part two ,the main part of this text .The textshould divide into nine following parts: 1,Embezzlement crime evolution.It combinespartly ancient times and the modern, Chinese and foreign criminal laws aboutembezzlement crime legislation, have described the development and evolution ofembezzlement crime in detail overall.2,concept of embezzlement crime .It states the wayto analyze and compare to all kinds of relevant embezzlement crimes concepts, and havemade the concept of embezzlement crime clear.3,The object and target of embezzlementcrime.The text point out that the object of embezzlement crime is other's propertyowership, and it's crime target is another person's money or property under hiscustody, others' lost property and buried -object. 4,The objective of embezzlementcrime .Seen from embezzlement crime objective respect, it including three importantdocuments: illegal occupying, relatively great numbers, refusing not to return or return notsurrender. 5,The subject of embezzlement crime. The subject of the crime is a generalone. The text point out the legislative defect among them. 6,The subjective ofembezzlement crime. The subjective respet is on purpose, and is the illegal purpose occupied. 7,The respect asserted of embezzlement crime. It expounds the fact byembezzlement crime and other crimes demarcation lines, crime accomplished and crimeabortive relevant embezzlements similar the demarcation lines of crime embezzlement .8,The punishment question of embezzlement crime. At first,this part expounds the fact indetail how to suitable lawless concretely .Then ,the text researches the problem that thecrime shall be handle only upon complaint ,and point out the legislative defect among them.9,The suggestions to perfect embezzlement crime in legislation .In this part ,due to thedetect in legislation about embezzlement crime ,The author has proposed severalsuggestions in legislation. Part three, Conclustion. In this part, the author point out furtherthe writing intention of this text.