The Established Eliments Of The Act Of Embezzlement

The promulgation and implementation of the Criminal Law 97, the study of Encroachment has been taken importance to, but the deep Independent study of Encroachment is very little. In this paper, the deed of encroachment as the studied object, explore deeply the composition of encroachment and the elements' meanings of it's behavior, in order to be able to clarify all the controversy and play its due role in judicial practice. A total of about thirty thousand word article is divided into five parts.The first part is the meaning and establishment of elements of behavior. The behavior of encroachment is the act of occupying the property of other people in fact and law, refusing to return and surrender, in order to own it. The establishment of the behaviorincludesnon-body elements and body elements,Non-body element is keeping for others, body elements are owning illegally and refusing to return or surrender.The second part is the non-body element of keeping for others (holding).It is controlling state of property In fact and law, therefore it can be understood as holding. The cause of holding includes credit relations of commission in law and holding in fact, but all the holding, should be based on the principle of combining subjective and objective existence of the property to judge specifically.The third part is one of the body elements which is occupying and owning illegally. It is reasonable to explain occupation of criminal law and civil law as a fact. Occupying by meaning of oneself in civil law, but may occupy by others' meanings in criminal law. it is closer to occupy on concept in civil law, however in criminal law is closer to occupy in fact. Occupying illegality for oneself owns the property through transferring it, but occupying illegal isn't. I think the essence of occupying for oneself is "from holding to own illegally". Typically, the mode of it includes three:sanction in law,sanction in fact and transferring the ownership.The third part is the other of the body elements which is refusing to return and surrender. It will strengthen the illegal state of occupying for oneself, like a compressor. Determine whether an act is refusing to return or surrender in criminal law, must insist on the principle of combining the subject and the object, examine both the subjective elements of human behavior, but also examine the consequences of behavior, identify by the combination of both. Refusing to return or surrender is an independent element, Parallel relationship with occupying for oneself illegal; I think there is not any scene to set the deadline for refusing to return or surrender.