Research On The Crime Of Embezzlement

In judicial practice, the lawsuits due to the conduct of embezzlement have been increasing and have a more complex and diversified tendency. The 270th item of the Criminal Law of the PRC in 1997 has made up the insufficiency of former legislation. It's of great value both theorietically and practically to protect the property right and relieve the trust crisis and implement criminal law wholly. It leads to difficulties to define embezzlement because of lacking details and specifies. It probes into the arguing issues in order to make our criminal law much more perofect amd scientific .There are over 30 thousand words in this thesis which consists of five sections. Section One includes the introduction of the history of embezzlement and the generation of law making about embezzlement abroad. Sectisn Two elabrates on the object of embezzlement, including"property taken care of by others", the forgotten and the hidden property. Meanwhile, it centers on the issue whether real property, perspectivt of intangible, banned objects, objects obtained from crime, illigal consigned goods can be the object of embezzlement. There's no essential difference between the forgotten property and the lost property. it also analyzes the concept and scope of the hidden property in details. Section Three focuses on the objective aspect of embezzlement which is divided into three parts. First, prerequisite condition-hold. The meaning and the basis and the ways how to judge"hold"has been discussed. Third, additional condition-refuse to return or surrender. The way how to confirm the final time limit of refusing to return or surrender is discussed. Section Four tries to distinguish crime of embezzlement and some other proporty offenses such as larceny and fraud . Section Five points out the defects and puts forward proposals on the perfection of legislation. Instead"take care of by others"as"hold beforehand".Define the public property as the object of embezzlement. Amend the regulation of"disposal angainst suit".