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Embezzlement Crimes Objects For Study

Posted on:2009-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2206360272984452Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Embezzlement is an emerging accusation.It is not officially integrated in our country's criminal law system until the revision of criminal law in 1997.This act causes the ancient behavior of embezzling to obtain the localization in the modern criminal law.The mainstream theory think that embezzlement refers to the illegal action of replacing the storage belonged to others or keeping other people's forgetting and the embedding in large amount as ones owning and refusing to return,the purpose of which is to take wrongful possession.For a long time we have been using the method of analogy to dealing with the embezzling action all the times,but since embezzlement appears in the criminal law of our country,the actuality changes.This makes certain the social hazard of the embezzling behavior more scientific,thus further manifests the intent of criminal law protecting of the public and private property right comprehensively and effectively.According to the criminal law of our country,the crime object of embezzlement is mainly made up of three kinds of things,that is,the property of others,the forgetting and the embedding.Since long,there have been some controversies and derivations about the crime object from the perspectives of both theory research and judicial practice.Because the law itself inherently has the characteristics of simplicity and abstract as well as the legislative process has some neglects.Therefore,the crime object of embezzlement is an issue worth of deeper study in the law research area especially the crime of property rights domain.This article,assimilating the essence of embezzlement research of the scholars in and abroad,makes a detailed analysis about the three kinds of the crime object.It also takes the current law as its backing and utilizes some explanation methods to achieve the real goal of legislation.As a result,we can in reality make bright judgments between crime and the non-crime,this crime and other crimes.
Keywords/Search Tags:Embezzlement, Object of crime, the Storage belonged to others, the Forgetting, the Embedding
PDF Full Text Request
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