Research Into Crime Of Embezzlement

As a police officer with some enforcing experiences, I dealt with some cases of the crime of embezzlement. For example, how can the police department investigate into the case of withdrawing cash illegally after picking the credit card from ATM? How can we distinguish the embezzlement and the burglary? If the Suspect wants to send the properties back, can the police department build the case? The criminal law defines the crime of embezzlement as temporarily taking care of others'property. And whether others'property includes the public property, contraband and illegal property . All of these about the crime of embezzlement interest me a lot.This article is divided into six chapters. The first chapter is the preface, which brings out the questions discussed in this article later as well as the purpose, importance, methods and framework of the research and analysis in the article. The second chapter, by discussing the questions in the crime of embezzlement related to others' property, lost property and buried-object under the criminal's custody, points out that, under certain circumstances, property includes real estate, intangible property, contraband property, etc, but the division of misplaced property and lost property is meaningless in practice. It also analyses the problem of crime target expansionism. In the third chapter, the article analyses the basic relationships in agency, leasing, guarantee, voluntary service,unjust enrichment,and then discusses the"refuse to turn back"and"refuse to turn out"-- the two basic kinds of illegal occupation. The forth chapter states the way to analyze and compare embezzlement with some concepts in civil law system such as unjust enrichment and with some relevant kinds of crimes such as thief, defraud and occupational embezzlement, to make the division of guilty and innocent, as well as embezzlement and other crimes more clear. In chapter five, based on the reality that embezzlement is the crime that should been sued by the victim, the article points out the defaults of such system as it can not protect people's property effectively. The last chapter is the conclusion of the above five chapters, which states that the crime of embezzlement should be mainly sued by the victims, but also can be brought to the court by the prosecurator as supplement.This article has the following merits:First, it has well elaboration on the crime target and the crime action. It points out that in criminal law, there is no difference between lost property and misplaced property. The division between the two is too theoretical rather than practical. Meanwhile, it sets forth that"refuse to turn back"and"refuse to turn out"are not totally different concepts; instead, one concept here contains the other. By such useful discussion, the article somewhat makes those questions more clearly.Second, this article calls for the legislator to change the words"another person's money or property under his custody"to read as"property and article that others custodied of replace", and points out that the crime of embezzlement should be mainly sued by the victims, but also can be brought to the court by the prosecurator as supplement, which is helpful to improve the legislation on embezzlement.Third, by comprehensive discussion on the composing elements of the crime of embezzlement, the differences between embezzlement, thief, defraud and occupational embezzlement, and the division of crime-accomplishment and attempted- crime, the article provides some good suggestions to the legislator.This article does not dig into every aspects of the crime of embezzlement, though its analysis covers the four basic composing elements of the crime, nor does it brings out a particular and practical plan to revise the law on embezzlement. All those are the questions which should be researched on and analyzed during the author's work of law implementation and theory analysis in the future.