The Application Of Embezzlement

Misappropriation of China's Criminal Law 270 of 1997 added a new charge, the charges for the effective protection of citizens, legal persons or other organizations, property rights, prevent and combat to occupation invasion of property rights of crime importance. At the same time, Misappropriation as a crime against property, the existing criminal law provisions of the object of crime rather general, does not have some systematic and logical, in the judicial practice of the crime of Embezzlement understanding and awareness of different objects, led to the identification of an act is a crime, constitutes a crime or other crimes in this and other issues are quite different, and the objective aspect of Embezzlement such as "take custody" "refused to return or surrender" and so in theory and judicial practice in all disputes, the subject of several key aspects from research on the theory and judicial practice some of these controversial ideas and explore solutions to disputes. In this context, this paper Misappropriation of criminal law. on the application of the law of Embezzlement and Legal issues of theory and practice.Based on the research methods, in addition to general use of empirical analysis, logical analysis, historical analysis, hermeneutics and other methods outside the law. but also integrated use of systems analysis, economic analysis methods and comparative analysis and application of the law crime of embezzlement Legislation to study the issue and divided into four chapters:The first chapter is an overview of the basic theory of Embezzlement, the main concept of crime of embezzlement, the basic characteristics of the issue brief. In this paper, theory of communication that, according to the main body of Embezzlement Crime, crime, the different objects, and actual performance will be divided into general and special Embezzlement embezzlement, illegal occupation of the entrusted property crime and appropriation from the holders of the crime and so on. General embezzlement, that is often said that the embezzlement, their criminal behavior as with illegal possession for the purpose of his lawful possession of another person has appropriated the property, the amount of large, refusing to return, or any other serious nature of the act.Chapterâ…¡of the Elements of Embezzlement compare systematic exposition. First of all, to take custody of distinction between the meaning of that crime of Embezzlement of property to others who hold the premise that the legitimate,and agreed to divide the form of custody. Second, the crime of embezzlement refused to return and refuse to hand over a theoretical study of the difference between the two refining. Again, on the Offence and the unjust enrichment of civil and criminal law on debt to distinguish between similar charges.The third chapter is the focus of the full text. Comments on the legal application of the main problems of Embezzlement, Misappropriation of Accomplishment of identified standards, the pro-advertising, refused to hand over power when the intervention of public time.Conversion Legislation in the chapter problems and complete. Problems mainly in:the "other" concept is not clear, "to take custody of the concept of fuzzy, lost property can not be the object of the shortcomings of crime, objects buried far enough clear penalties fuzzy, there are defects in the form of such proceedings, and one by one comprehensive measures and suggestions put forward.