Embezzlement Of Certain Legal Issues

The crime of embezzlement as a newly—increased new charge of criminal law 1997, there is still much dispute in the academia circles for many years, the ones that are worth probing into are more problematical in theory. It also has positive and directive significance to the practice and administration of justice. This passage has been trying to expound inheritance, reforms and comparison of the crime of embezzlement legislation as a foundation and further analyze the crime of embezzlement conception and important construction conditions, carry out debate on how to confirm the crime of embezzlement correctly, disclose the crime of embezzlement basic characteristics from all-round and systematical angle and lastly, put forward suggestion of perfection on its legislation.The full text is divided into five chapters: chapter one, the crime of embezzlement summary. This includes the crime of embezzlement inheritance, reforms and conception. The former two parts combine with legislation concerned with the crime of embezzlement in the nation's history and make historical comparison as the crime of embezzlement develops and reforms and finally establish itself in the new criminal law system. The latter part makes comparison as to different explanation of the crime of embezzlement conception and confirms its conception. Chapter two, the crime of embezzlement composition, this part is the core of the text. By mean of thorough analyses and research of a the crime of embezzlement composition, this part points out that the crime of embezzlement objective is public and private possession rights, and the crime target is others' possession which has been authorized to be charged and others' forgetting things or treasure trove. As to the crime of embezzlement objective aspects, its action means behavior not fulfilling obligations, including possession of something illegally, refusing to return or refusing to hand over and large amounts of something these three basic conditions. Its subjective aspects can be described as direct and intentional in will, furthermore, in the purpose of illegal possession. The crime of embezzlement subjective is the general subjective. Chapter three, confirmation of the crime of embezzlement. This part expounds clearly the demarcation line between embezzlement crime and non-embezzlement crime, the crime of embezzlement and relevant crimes and embezzlement accomplished, abortive such questions. Chapter four, embezzlement criminal responsibility and "it is punishment file a suit". This part mainly expounds how to punish such crimes according to concrete law system, and make a thorough comparison and research on "it is punishment to file a suit". Chapter five, suggestion on the crime of embezzlement legislation perfection. This part makes a debate and discussion and puts forward suggestion of perfection dealing with regulation of the crime of embezzlement and defect existing in legislative statement.