Research On Embezzlement

Embezzlement is a crime happens even from the ancient time. However, Penal Code of 1979 didn't include this crime, or the later single criminal laws. With the development of market economy and the growing of the society, behavior of invasion and occupation happens more frequently. So with reference to foreign experience in criminal legislation, the legislature added embezzlement when amended the Penal Code in 1997. Because the crime is new and fresh, it attracts lots of researchers to study it. Although some accomplishments are made, still they are not so systematic and complete. The controversies about the crime are continuous and the debate around it is heated.In this paper, the author tries to make a study on the questions existing in the crime's theoretical and practical fields. The whole passage consists of four parts and there are about thirty thousand words. The brief contents are as bellows:The first part is the general illustration of embezzlement. The author first makes a definition of the embezzlement and then details the history of the development of Embezzlement.The second part is about the object of embezzlement. As the core point of identifying the crime, it is controversial in many aspects. In this part, the author makes definitions for some concepts, such as the custodian property, forgotten property and hidden property. And then he puts forward his points of view in order to be helpful in the legislation and practice related.The third part is the elements of the crime. In this part, the author makes a detailed analysis about some concepts, for example, "illegal possession," and "refusing to turn in or to return," Besides, he also makes a precise definition to the general civil violations and other similar crimesThe fourth part is about the shortcomings of the legislation and its improving methods. In this part, the author shows his own points of view and tables his proposal, expecting that it would be helpful to the legislation of embezzlement.