The Criminal Legislation Of The Embezzlement Behavior

The embezzlement behavior means that the behavior person holds the belongings only for use for a space, and afterwards returns it. In criminal law theory of our country, the embezzlement is a concept which is studied not much. As soon as mentioning the embezzlement, many people can instantly think of the larceny. In criminal theory and criminal legislation of our country, the embezzlement is wrongly recognized as the larceny, or was thought as non-criminality. Indeed, the difference between embezzlement and steal is enormous.In recent years, along with the social situation's development, the crime phenomenon of embezzling other people's belongings occurs repeatedly. It has seriously harassed the normal order of social economy life and has the serious social hazardous nature. The embezzlement has become the prominent question which the current society pays attention to. As criminal legislation is imperfect, the current criminal law of our country is unable to attack the embezzlement and prevent crime. In the process of collecting the materials, the author felt the gravity of the embezzlement behavior. Therefore the author decided to study"the criminal legislation of the embezzlement behavior".The author has retrieved the related article through the network and has read many related specialized books. Facing huge dispute whether the embezzlement behavior constitutes the larceny, the author think that the embezzlement behavior must have two essential features: one is use goal, the other is steal behavior. The embezzlement behavior materially is the illegal use. The embezzler does not have the subjective goal to possess the belongings, therefore the embezzlement behavior can not constitute larceny.The passage is starting for the "embezzlement behavior" that is listed in the law explanation, and then the author analyzes the weakness of the law explanation deeply by the contrast between the China legislation and abroad. The author provides the theory of embezzlement behavior and assumes it legislated. We demonstrate the necessity of adding embezzlement accusation by searching into the nature of embezzlement behavior. In the passage, we analyze and design the subjective and objective composing of the embezzlement behavior. We also probe into the subjective aim of embezzlement behavior--using illegally, moreover, we supply our opinions that whether the realty and fictitious treasure can be the criminal objects of embezzlement accusation. We make it clear the group is also to be the criminal subject. At the last of the passage, the author distinguishes the embezzlement behavior from other similar crimes in order that we can not only adapt to the criminal law, but also make the reader have a deep impression and acquaintance.