On The Criminal Object Of Crime Of Embezzlement

In accordance with the provisions of Article 270 of the Criminal Law the crime of embezzlement refers to the behavior that refusing to give out anther person's property placed under the actor's custody or another person's forgotten or hidden property. According to it there are only three objects of this crime, one is another person's property placed under the actor's custody, anther is another person's forgotten property, and the other is another person's hidden property. There are different understandings of the three kinds of object of embezzlement in judicial theory and practice, and arguments and controversy over them have exerted direct influence on the confirmation of the crime of embezzlement.Making systematical and detailed study for the object of the crime of embezzlement, the main body of the article is divided into two parts:In part I, it dwells on the location of another person's property placed under the actor's custody, and the second centers on anther person's forgotten and hidden property: Firstly, it expounds the author's understanding of "keeping for owners" in detail. Then it elaborates the basis of "keeping for owners". Moreover, it discusses whether "keeping for owners" is confined to legal keeping. Secondly, it sets for the author's understanding of "another person's property". This part deals with "another person's property" from the perspective of intangibles, real property, intellectual property and other forms of property. And it carries out detailed elaboration of the exclusion of illegal consigned property; objects obtained in crime and banned objects from the objects of crime of embezzlement.In part II, it centers on the concept of another person's forgotten or buried property. Firstly, it probes into the concept of forgotten property. It begins with the introduction of different views on the issue whether there is distinction between the concept of forgotten property and the concept of lost property. Then through careful examination of different views on the issue, the author gets the conclusion that forgotten property and lost property are dissimilar and analyzes the concept and features of forgotten property. Secondly, it probes into the concept of buried property. At beginning it analyzes features of buried property and then through the comparison of buried property in criminal law that in civil law, points out that they are different concepts. Finally, it makes detailed exploration of the understanding and grasp of the concept of buried property in criminal law.