On The Criminal Object Of Crime Of Embezzlement

There are great differences of cognition and understanding on the criminal object of crime of embezzlement in the criminal law theoretical circle and judicial practice circle of our country. the writer makes priming discussion for the criminal object of crime of embezzlement to expect certain active signification on the legislative perfection,theoretical study and judicial practice of crime of embezzlement in our country.Above all, the paper cited a more typical case, by analyzing the root summary of the case, it raised three issues:(1) how to understand the criminal object of crime of embezzlement; (2) what property can be the criminal object of the crime of embezzlement; (3) how to understand and define concept and scope of property what are criminal object of the crime of embezzlement, and two controversial focus.Then, author analysis the criminal object of crime of embezzlement against the problems caused by the case, the criminal object of crime of embezzlement include three categories:one is another person's property placed under the actor's custody; another is another person's forgotten; and the other is another person's buried property. First, another person's property placed under the actor's custody, author believe that keeping for owners should be legal keeping, keeping for owners based on commission relationship,lease relations,security relations and pawn relationship, it is specifically cued that voluntary service and unjust enrichment can not be the basis of keeping for owners. another person's property include public property. In certain circumstances, real estate,indefinite thing,intangibles and intellectual products can be criminal object of the crime of embezzlement, but illegal consigned goods,objects obtained in crime and contraband can not be criminal object of the crime of embezzlement. Second, another person's forgotten property, forgotten property is different from lost property, what the holder forgot to take away for negligence and others can effectively manage and control is forgotten property, but what managers can not effectively control is lost property. Third, another person's buried property, the buried property in criminal law is different from the buried property in the civil law, it generally refers to property buried in the ground and belongs to separated property.Finally, by analyzing the specific circumstances of the case, I support the courts view that a court ruling on this point is correct, the reason is appropriate.