Study On Offence Of Mixed Subjects Bribing Jointly

The crime of embezzlement which is one kind of ancient property crimes, holds an important position in the entire system of crimes of property violation .But the research to crime of embezzlement in our criminal law academic circles started late, and failed to conduct thorough and systematic study. However, in the research realm about crime of embezzlement, the related question to the behaviors of encroaching separated possessions has always been the focus which people argued, and also has important fundamental research value and practical value.Part one of this article begins at the legislation and the theory background of encroaching separated possessions, and unifies the existing law and the theory, then discusses the definition to this behavior, and at last provides that the behavior of encroaching separated possessions is a behavior that possesses big amount another's lost property or buried property illegally and refuses to hand over. This part has laid the foundation for the whole article.Part two takes our crime constitution system as the foundation; and analyzes the conditions that the behaviors of encroaching separated possessions should qualify from four aspects such as the object condition, the objective condition, the subject condition, and the subjective condition .This article indicates that the core of this behavior is the meaning of "refuse to hand over" ,and it encroaches other people's property rights, and as a main body, the unit should become regulation object of the criminal law in the legislative way .Part three discusses emphatically distinguishments of crime from nonprime , this crime from other crime as well as the accomplished offense and the unaccomplished about the crime of encroaching separated possessions, and provides certain guides to the typical problems that occurs in judicial practice.Part four involves the lawsuit problems of encroaching separated possessions crimes, and this part unifies the related legislation and the theoretical knowledge in the Law of Criminal Procedure domain, then effectively promotes the feasibility and the integrity to conduct the fundamental research to this behavior. Finally, this article on the base of conducting the research about the related questions for encroaching separated possessions behaviors, summarizes the existing related legislative flaws in our country , and puts forward the legislative proposals.