Study On Some Issues Of The Crime Of Embezzlement

The crime of embezzlement is newly built in 1997 criminal law of People's Republic of China~2.Before the Promulgation of the criminal law in 97,Chinese scholars have been done very much.But fight now,there are still a lot of controversies both in theoretical circles and in judicial practice,these problems need use to solve urgently.In this article,the author attempts to study several hot topics, and slightly express the humble opinions,with the hope of help for the fundamental research and the judicial practice.The full text elaborates for four issues,with approximate of 2.7000characters.In Chapter 1-legislation overview of the crime of embezzlement,the author describes the development of both domestic and overseas legislation,and analyzes, from comparative point of view,the definition of the crime of embezzlement stipulated in 97-Penal Law and that observed in representative countries from the British and American Law System and the Continent Law System.In Chapter 2, focused on problems involved with crirne subject of the crime of embezzlement,such as property custody,the concept of asset,distinctions of forgotten thing and missed thing,the author reviews and studies the existing theories and accordingly proposes her own opinions.Chapter 3 inquires into the objective aspects of the crime of embezzlement and responsibility identification.The author gives a detailed analysis of whether "Refusing to return and hand over" constitutes the essential factor of the crime of embezzlement,what behavior is considered as "Refusing to return",and whether embezzlement attempt is possible,etc.The final chapter investigates the legislative complement to the crime of embezzlement,the perfection of "Handling after being told" in 97-Penalty Law in particular.According to the author,the crime of embezzlement,in strict terms,cannot be judged as "Handling upon complaint",and on some occasions,it should be prosecuted by public prosecution organs.Meanwhile, it is suggested by the author that statutory penalty limits should be set according to different embezzled subjects to manifest the basic principle of balance of crime and penalty and the compatibility principle of crime,responsibly and penalty.