Embezzlement Several Studies

Embezzlement is an age-old crime, but it is newly added to the criminal law of China. According to the stipulations of criminal law of our country, and combining the study of Chinese and foreign criminal jurists, this thesis carries on a preliminary discussion on the crime of Embezzlement, and then brings forward some advice to solve the possible questions arose in judicial practice.The full text includes two parts: the Introduction and the Main part. The first part briefly introduces the economic base on which the crime of Embezzlement came into being, and the practical meaning of it's legislation. The essence of the crime is also induced in this part. The main part is divided into following five sections: (1) The target of the crime. It mainly discusses the meaning and extension of the terms "keeping, someone's property, unlawful property, lost property, hidden property, etc". (2) The objective aspect of the crime. The author indicated that refusing to return the property of other persons or to hand it over is the act itself, but not the plot of the act. And except it there have no another act exist. (3) The questions concerning the accomplished crime and attempted crime. Carrying on detailed analysis of the theory of China and foreign country, the text point out that the crime of Embezzlement is an offense of consequence, so not only the accomplished crime but also the attempted crime will come into being. The standard to judge whether the crime is accomplished is the accomplishing of the act of the refusing, and following it is the realization of the illegal possession. (4) The judicial cognizance of the crime. This text mainly deals with the dividing line between the crime of Embezzlement and some relative crimes, such as larceny and fraud, and also the difference between the crime and the breach of contract and unjust enrichment. (5) The suggestion of perfecting the legislation of the crime. This section first researches the puzzlement arose by the current legislation. And after the comparing and analysis of the Chinese and foreign legislation about Embezzlement, the author has proposal several suggestion about the complaint and statutory of the crime.