Study Of. Embezzlement Controversial Issues

Conversion is a kind of ancient crimes that occurs commonly even to these days. This kind of crimes wasn't provided in Penal Code(1979), nor in other individual enachnents. But while Penal Code was revised in 1997, conversion was written in, in order to adapt the development of the society. To present, criminal jurists have done some researches on this offence, and have put forward many theories and opinions, but there are still some arguments about it. This article bases on the existent legislative provision, and discusses about the arguments of conversion in theory and in practice, expecting to bring forth some new ideas to the study of this crime, and to get a curt ect and overall comprehension on it. The text is divided into five parts, about 30,000 words altogether. The framework and main contents are arranged as follows:First part: The object of conversion. The author defines "others' property that someone takes care of" and analyses whether real estate, intellectual properly, and illegal properly can be the object of conversion or not. Then the author explains "others' property which is forgotten" and "others' property whichis lost". Further, "others' properly which is buried" is also explained in this part.Second part: The action of conversion. The author give a full andanalyzes about the arguments in the action of the crime, and then comes to the difference between conversion and other offences, trying to tell conversion from other offences against property effectively.Third part: Refusing to return or to hand in. The author analyses how to talks about the time, the object, the way of expressing and the relationship to the action of conversion.Forth part: The difference between consummation and unaccomplishmentn This is a controversial and diffcult issue. The author discusses it from two aspects: the...