Research On Embezzlement

Embezzlement is a new crime in the Criminal Law of china Revised in 1997, but the research of the crime has acquired quite a wealth of experience in foreign countries and regional criminal law. In order to strengthen with this guilty prevention and punish, this text combines China and foreign criminal law about guity legislation stipulating and the judicial practices of our country, carries on the preliminary discussion to the Crime of Embezzlement.The full text divides into three parts: Part one, Introduction. This part of brief introduces the Embezzlement Crime production and development and set up the legislative meaning that should be guilty. Part two, the main part of this text. The text should divide into five following parts: 1.Embezzlement Crime evolution. Firstly, it states the way to analyse and compare to all kinds of relevant embezzlement crimes concepts, and have made the concept of embezzlement crime clear. Secondly, it combines partly ancient times and the modern, Chinese and foreign criminal laws about embezzlement crime legislation, have described the development and evolution of embezzlement crime in detail overall. 2. The composition characteristics of the embezzlement crime. This part firstly discusses the understanding of "keepment for others, illegal occupying and refusing not to return or return not surrender. Then the text discusses the target of embezzlement crime: another person's money or property under this custody, others' lost property and buried-object. The text point out that the subject of the crime is a general one. And this text mainly analyses whether a unite can be the subject of embezzlement crime. Finally, the subjective respect is on purpose, and is the illegal purpose occupied. 3. The criminal state of the embezzlement crime. This part specifically addressed that the problem of the embezzlement of completed or attempted. 4. The respect asserted of embezzlement crime. It expounds the fact by embezzlement crime and other crimes demarcation lines, and crime abortive relevant embezzlement similar the demarcation lines of crime embezzlement. 5. Thepunishment question of embezzlement crime. This part firstly discusses the fact in detail how to suitable lawless concretely. Then, this text expounds the litigation forms of embezzlement crime and point out the legislative defect among them. Part three, Conclustion. In this part, the author point out futher the writting intention of this text.