The Objction Of The Embezzlement Crime

In our country, the crime of embezzlement is a kind of a long history of traditional crimes against property ownership, according to China's Criminal Law Article 270 provides that, embezzlement crime, targeting two categories:one is the perpetrator to take custody of property of others; another is the behavior of others held by forgetting things, or treasure trove. There are 13 years since the Embezzlement first established from 1997,but the views for the objection of embezzlement is still numerous, the practice of judicial also encountered quite a lot of questions with Embezzlement, the crime situation of the criminal justice in many parts is also far from uniform. In light of this, the author will analyzes the sentence of "to take custody of the other people's property" to discuss the object of the embezzlement crime.I will explore and discuss for the two types of objects in three parts, about forty thousand words.Part One:The " Custody for others " of the embezzlement crimeFirst I introduce the different points of" Custody for others" and endorse the broad view. Then further draw the standard of it. I think that the behavior of" Custody for others" is not only have an objective on the behavior, but also have the subjective of it, but also need the owner have the safeguard to others behavior of take care. Such confirmation, either it can be expressed or be implied, either be prior authorized or be ratified after the fact. There are variety of forms for the behavior of" Custody for others", the core lies is that the behavior is clear for the owner and custodian, and the two sides have a consistent understanding of the behavior. And in accordance with this, I describe some common behavior of" Custody for others" in the daily life.Part Two:the "other property" of the embezzlement crimeIn this section, I will exposite for seven parts such as "public property", "real estate"," Types objection," "intangibles," " the Commissioned things based on illegal reasons," "the contraband," " the booty "to analyze the word " other's property"For the "public property" is concerned, I believe that, both the public and the private property can be the objection of embezzlement crime, "other property" refers not only to the individuals, but also public property or others.For "real estate" is concerned, I believe that real estate can be the objection of embezzlement crime.For the "types objection" is concerned, I believe that Types objection can be divided into two types that "non-consumption materials" and "consumption materials", non-consumption materials can be the objection of the embezzlement crime, but consumption materials are not.For the "intangibles" is concerned, I believe that it can be the objection of the embezzlement crime. As the special kind of materials of the intangibles, intellectual property rights should be separate treated with the embezzlement crime.For the " the Commissioned things based on illegal reasons" is concerned, first, I summarize up a unified thinking mode for the " the Commissioned things based on illegal reasons," " the contraband, "and" the booty "and note that the Commissioned things based on illegal reasons can be the objection of embezzlement crime.For " the contraband ", I believes that the contraband need be divided into two categories:"absolute contraband "and "relative contraband". absolute contraband can not be the objection of embezzlement crime. As to relative contraband, it can be the objection of embezzlement crime.For the "booty" is concerned, I believe that it can be the objection of embezzlement crime. At the same time, because booty involves the crime of harboring and saling the proceeds in China's Criminal Law, it should be separate treated with the embezzlement crime.Part Three:"forgotten things" and "treasure trove" of the embezzlement crimeBy comparison with the forget things and the lost property, I point out that the two thing should be distinguish treated, and the lost property can not be the objection of the embezzlement crime, and then summed up the standard of their difference.For the buried objects, by comparing the difference from the criminal law and civil law, I point that in the criminal law the range of the buried objects should be more wider than in the civil law.