On The Dividing Line Of Crime Of Misappropriation And Offense Of Theft

Theft and embezzlement crime is infringed property of two common forms of crime.They are different in many places.The basic characteristics of theft is a violation of the victim will possess wealth,others for himself.The basic characteristic of embezzlement is change for illegal possession of all legal. But Stealing and occupation crime belong to the essence in peaceful way to infringe upon the spoil. So they are often appearing confusing. Current legislation of theft and occupation of the crime in the language expression on was not accurate enough. The concept of theft or encroach on many aspects. These all require us to theft and occupy the boundary issue of SINS have been studied. This will be the first to theft and occupy the concept. This paper will introduce the historical development of the theft and embezzlement. This paper will introduce foreign theft and embezzlement legislation. This paper will be divided into five parts:The first part is overview of this problem.In this paper, we first determine the concept of embezzlement and theft. General embezzlement is a fraudulent conversion of property of another by one who is already in lawful passion of it. Special embezzlement is a conversion of property of another by one who has seized it. Theft is a violation of taking of the personal property of another with the intent to deprive him of it permanently. The characteristics that distinguish theft and embezzlement are difficult. There are two reasons: one is legislation; the other is not enough research.The second part is the history of theft and embezzlementIn order to study the occupation and theft, it is necessary to their history. Through the study, we found that Stealing is classless society in the mainstream of crimes. In the modern society is invaded the mainstream of crimes. Therefore we think that when we study on the boundary of theft and embezzlement we must beware the historical environment.The third part is a comparative research on theft and embezzlement.The criminal legislation of most countries in the world has prescribed theft and embezzlement. They are the reference for our country. Through this comparative research on charges and constitution of theft and embezzlement, we know that the opinions of this paper are in accordance with most countries in the concept of theft and embezzlement. So the different between theft and embezzlement is clear. The different between theft and embezzlement is different objects: theft is ownership; embezzlement is occupation. Therefore the problem is become the understanding of occupation.The fourth part is the dividing line of crime of misappropriation and offense of theft in judicial practice.In this paper the dividing line of crime of misappropriation and offense of theft become the understanding of occupation. But common problems on the dividing line of crime of misappropriation and offense of theft should be researched. The focal point of this problem is whether there is occupation. My opinion on this question is the one must dominate in fact. When we the problem between common embezzlement and special embezzlement, the focal point is whether the object is a lost-and-found object. And I think the judgment about this question should decide on concrete condition.The fifth part is the legislation on the dividing line of crime of misappropriation and offense of theft in future.This paper think there are many questions on the dividing line of crime of misappropriation and offense of theft. So I think should make the concept of theft more clear and reconstruct charges and constitution of theft and embezzlement. In the last place we think we should expand adaptation of embezzlement to bend to demands modern society.