Research On Controversial Problems Of Constitution Of Crime Of Embezzlemen

The crime of embezzlement is a new causal of China's Criminal Code passed in 1997. It is very important and far-reaching significance of China to establish this causal to fill gaps in the fight against crime and norms of occupation, and better protection of property rights, safeguard social justice order of the market economy. However, due to the level of legislation and legislative technical constraints of abstract and general of the law, there are some different understandings and cognition in criminal theory and judicial practice areas. At present, scholars explore more the crime of Embezzlement, but most of them only pay attention to a particular area, neglect the real little systematic research. In this paper, the author made a deeper study after using the theoretical research results from others, aside from some small undisputed questions, the paper mainly focuses on the composing elements of crime of Embezzlement, The content of the article is divided into the following five main parts:Chapter 1: The subject of crime of Embezzlement. In this chapter, the author labors various points of criminal theory area. Then, urges that the subject of crime of embezzlement belongs to special subject, and organization can also be the subject.Chapter 2: Subjective aspects of crime of Embezzlement. In this chapter the author explores two main issues. Firstly, the illegal possession time, secondly, own possession is illegal possession as the third party. The purpose of illegal possession of embezzlement that forms after the person legally possesses someone'forture, differ from the illegal possession time. Therefore, precisely judging the illegal possession time is very critical to qualitative behavior; The paper analyses the extension of own possession and illegal possession of a third party and explains that the two cases should be a embezzlement.Chapter 3: The object and targets of crime of embezzlement. The author agrees that public property should be included the object of embezzlement, and does the corresponding evaluation. Section 270 of the Criminal Code discusses three targets of crime of embezzlement. We should take a broad understanding about the concept of "take custody" when we analyses the action of custody. The action not only includes the custody based on the commission, but also include the management of legally owned property. "Others" include not only individuals, but should also cover the organizations. The scope of the property should be included freehold,intangible property,illegal property,category. Of the forgotten object, the writer believes that should not be punished and differently evaluated between forgotten-and in the Lost Property. Finally, from the attribution of hided objects, hided objects should include the owner of the state, collectives and other individuals, legal or illegal organizations.Chapter 4: objective aspects of crime of embezzlement. In this chapter, the author labors the action of illegal and refusing to return. The writer agrees with the judgment that the already illegal possession should adhere to the " appropriation", according to the subjective and objective consistent principle. In refusing to return or refuse to hand over , the paper analyses five aspects,including the nature of refusal to pay refunds or refusal to hand oven expression,objects time and objectively unable to return.The last part, the author made a summary of the entire paper on how to improve our current composing elements of crime of embezzlement, and put forward his own points and suggestions.