On Embezzlement Crime Object

There are great differences of cognition and understanding on the object of criminal offense of misappropriation in the academic circle and judicial practice circle of our country. The writer makes primary discussion for the object of criminal offense of misappropriation to expect certain active signification on the legislative perfection, theoretical study and judicial practice of criminal offense of misappropriation in our country. The writer thinks that some real property can't become the object of criminal offense of misappropriation, mostly such as land, mine resources. The intangibles that can be controlled by people and has economic value can become the object of criminal offense of misappropriation. For the unconsumable materials, if the holder gets it illegally with the illegal possession purpose and refuses to return and the occupied amount reaches certain degree, the criminal offense of misappropriation comes into being. For intellectual property, if the intellectual result is got from the carrier by copying or reproducing but the tangible carrier is not got, the intellectual property in this condition can't become the object of criminal offense of misappropriation and it doesn't constitute the criminal offense of misappropriation but may constitute intellectual property embezzlement crime. Others' property includes private property and public property as well as the property of mixed economy organization but personal property. The commissioned and delivered property based on the illegal reasons can't become the object of embezzlement crime. The property got from crime should be differed for the object of embezzlement crime. The contraband can't be the object of embezzlement crime. Keeping for owners should be legal keeping. The difference between the forgotten things and the missed things depends on whether the missed things are in effect control of manager. The buried thing in criminal law is different from the buried things in civil law. The buried things in embezzlement has some basic features of the buried things in civil law, that is the invisibility and found chance, including the buried thing not to be known by anybody and the buried thing to be know by all bodies. The buried thing in crime of embezzlement belongs to separated things and no real property shall be included.