Embezzlement Study

Though the crime of occupation has a rather long history, it is not until in 1997 that it was added to the list of the Criminal Law. The emergence of the crime of occupation is in the wake of China's attaching importance to individual rights and the deepening of marked-oriented economy. The establishment of the crime makes up the defect of Chin's criminal legislation on the occupational acts, perfecting China's criminal legislation, providing new legal basis for the judicial organ's punishment on the commitment of the crime of occupation, hence safeguarding the property of the individuals and the public. The thesis makes a tentative study on the crime of occupation on the basis of concerned theories and judicial practice at home and abroad.The thesis consists of four sections. Section One includes the concept and historical development of the crime of occupation; Section Two elaborates on the constitution of the crime of occupation, indicating that the object of the crime of occupation refers to the ownership of property of others, and the target of the crime refers to the property taken care of and the left and the hidden property; as far as the objective factors of the crime of occupation is concerned, it can refer to having done or having-not done,which includes illegal occupation for personal use, refusing to return or refusing to hand over and huge amount. As for the subjective factor, it is intentional for illegal occupation. The subject of the crime refers to the ordinary subject. Section Three focuses on the identification of the crime of occupation, including the demarcation between guilt and innocence, the differentiation between the crime of occupation and the other crimes concerned. Section Four puts forward proposals on the perfection of the concerned legislation. Because there exists defects in the legislation of the crime of occupation and much controversy in the theoretical circles, the judicial practice is rather difficult.