A Study On The Judicial Determination Of The Object Of Crime Of Infringement Of Crime

Generally speaking, the criminal objects of embezzlement added by criminal law of our country are definite, be it keeping the property of others, misplaced property and hidden property. It is worth to investigate carefully and analyze systematically.To begin with, there are many research articles about the discourse of embezzlement in academic areas, they are basically concentrate upon the criminal objects, the development of embezzlement, tatbestand and some complicated problems. It can be said that these researches covering a wide range of academics, there are many theoretical perspectives and notable achievements. Though some of these problems achieved a unified understanding, there are still exist many controversial problems which have not been solved well and get the attention they deserve.Apart from that, as for the introduction of embezzlement, the author introduces the overview of foreign legislation and the development of domestic legislative history from the very beginning, elaborate the legislative condition about embezzlement in ancient times and the legislative background of present criminal law. The nature of the the crime was analyzed from the domestic and foreign research trends of criminal related issues, present perspectives and the four tatbestands of the constitution of crime and also describe the embezzlement briefly which provide a necessary support the investigation of embezzlement.Lastly, based on the judicial confirmation of the objects of embezzlement, the discourse includes the judicial confirmation of keeping the property of others, misplaced property and hidden property. From the perspective that the intension and extension of the objects of the embezzlement, To the problems related to the storage, the forgotten and the buried, Identification of the difference between the difference of the lost property and the lost property between the crime of embezzlement and the crime of theft, The accidental discovery of buried objects and the control of the owner’s control on the crime of embezzlement and theft are analyzed, To elaborate their own views, Expect to be able to promote the gradual deepening of the theoretical study of this crime.