Study On The Object Of Embezzlement Crime

The object of Embezzlement points to the thing, but an act of usurpation of property of others pointed to specific provisions of the three: to take custody of property of others, others lost property, and treasure trove of others. This article attempts to target serious crime of Embezzlement in-depth research, text is divided into five parts.â… .the legislative overview of EmbezzlementThe first written overview of foreign legislation relating to Embezzlement. Embezzlement is a common property crime, the first requirement stems from Roman law. At present, most countries have provisions in the Criminal Law, West Germany, Thailand, Japan, Korea, Switzerland, Italy, Austria, Brazil and other countries in both the Criminal Code provides for Embezzlement.The second is to write our Legislative History of Embezzlement. Embezzlement charges related to our first appeared in the "Great Qing Code" in the. "Great Qing Code" in Embezzlement includes embezzlement, keeping charge of the management of property, subject to Send property, gains and losses do not send relics officials, for stealing and selling trade fields and houses, seize his wife and daughter and other good and decent offense. Followed by the "big clean criminal code," "Republic of China Temporary New Criminal," "Republic of China Criminal Law" has the relevant provisions of Embezzlement. But in 1979 China issued no Embezzlement Penal Code provisions, the new Criminal Code until 1997, was formally provided for Embezzlement.â…¡.an overview of the object crime of EmbezzlementThe first was the concept of the object crime of Embezzlement. Embezzlement is the object of criminal acts directly at invasion by the behavior of others who have been holding things. The so-called property of others relative to the behavior of humans, refers to the addition of things other than acts of ownership or possession of the country, units and natural things.The second is to write the characteristics of the object crime of Embezzlement. Compared with other property crime offenses object Embezzlement two characteristics with broad and restrictive.The third is to write the classification object to write crime of Embezzlement. Natural property to property as its classification, the property is divided into movable and immovable, tangible and intangibles, certain objects and not a specific property, etc.; to the legal property of the property as their classification, will be divided into public property and private property property, the legal property and stolen goods, commission and other objects and Lost Properties.â…¢.to take custody of the identifiedThe first is to write the definition of custody on their behalf. For understanding to take custody of the theoretical circle, there are two narrow and broad understanding. Narrow sense of the care delivered in the strict sense of the explanation that it refers only to temporary commissioned by others on behalf of the custody of other people's property between the parties is a clear relationship between the custody of the establishment of the necessary elements to take custody. General understanding that the custody of the commission contract-based relationship, or under the de facto management, and daily habits of the commission set up, trust property owned by others holding and management.I think that is too narrow understanding of "take custody" may lead to adjustment of Embezzlement too narrow and not conducive to punish crime. And a broad understanding of not only the general living standards of people's lives and trading practices, also explains the purpose of criminal law provisions in the expanded as much as possible within the limits of the adjustment range of Embezzlement, can be more effective in combating crime and maintaining public order. Complex relationship between social life and, therefore, to take custody of relationship is also varied, in general, including the commissioning relationship, leasing relations, security relations, borrowing relationship, custody and storage relationship, no because of management and unjust enrichment.The second is to discuss the formation to take custody of the employment relationship problem. The essence of the employment relationship is a relationship between a commission, but the commission relative to the simple relationship between the employment relationship between the two sides show the complexity out of it worthy of our in-depth study. With the social and economic development, different forms of economic organization appeared in large numbers, there is in these economic organization has the whole master-slave relationship between employment relations become increasingly complex. These are not simple one relationship, but rather extended to-many, or even many to many, this time on the identification of ownership of property possession becomes even more complicated. For such cases, ownership of share issue .Common share that distinction between upper and said that such share different views. The author believes that consideration of these different kinds of relationship between specific upper and lower case, can adapt to the actual situation of social and economic life, and therefore more desirable, more comprehensive.The third is to write a total of objects take custody of the problem. Total property in many countries can become the object of criminal Embezzlement is not clear that only a few countries have legal provisions to be clear. In civil law, there under the ownership of the relationship between the press can be divided into shares and of the common forms. I believe that there were people not by their rightful share of the implementation of the act of usurpation and occupation of other people's behavior is the same property; however, under the occupation of the common relations somewhat complex behavior. Relations in the common total, on the disposition of the common law except, as otherwise provided in the contract other than Shall obtain the consent of all joint owners. Therefore, if the perpetrator without the consent of the other owner dispose of jointly owned property without authorization, and later refuse to pay the other owner should be entitled to benefits, should be handled in accordance with Embezzlement.The fourth, because of unjust enrichment was formed to take custody of the problem. Who refused to return the unjust enrichment unjust enrichment, the perpetrator can be set up Embezzlement it? For this problem there are significant differences in academic circles. I believe that people refused to return the unjust enrichment unjust enrichment, the perpetrator's conduct should be set up Embezzlement.â…£.the identification of property of othersThe first, the "others" define the scope. On the "other" range, there is now two points of view, a view that is limited to private citizens, not including state-owned units, not including the company, enterprise or other units. Another view was that, where the "other" should be understood as a natural person other than the perpetrator and the units, including state organs, enterprises, institutions and social organizations. We believe that, here's the "other" should be broadly understood, but not limited to natural persons, or property is not conducive to the protection of the unit. In addition,Also here the "other" whether the issue should include close relatives, were about a simple set. The second is the property of the specific scope of further exploration. From the national legislation of view, the scope of the provisions of Embezzlement of property vary, in theory, not the same interpretation. This paper focuses on this part of the current number of disputed issues, namely, real estate, intellectual, of the species, illegal property, payment for illegal reasons property, intangible things, prohibited items can become the object of criminal Embezzlement.â…¤.Identification of possession fromThe first is to write the forgotten objects found. This part of the two cases described briefly the distinction between lost property and lost property, and the occupation of large amount of refusing to return the lost property could constitute acts of Embezzlement also made a further, and made on the lost property the legislative proposals, and discussed in detail with the occupation of lost property boundary issues related to crime.The second is to write to the identification of objects buried. The specific meaning of objects buried, theorists different opinions. I believe that either man-made buried objects buried items can also be due to natural forces such as earthquakes, floods, the role of the buried items; either clear or you can clear all items, may also be unknown for all items; either belong to the state of commodities, individual citizens can belong to all of the items or units. This section also discusses the occupation of the boundaries of objects buried with the related crime.