Embezzlement Several Studies

In judicial practice, the lawsuits due to the conduct of misappropriation have been increasing and have a more complex and diversified tendency. The 270th item of the Criminal Law of the PRC in 1997 has made up the insufficiency of former legislation. It's of great value to crack down on crimes and protect the property right. However, it leads to difficulties to define the crime of misappropriation because of lacking details and specifies. This article is to discuss the controversial questions on the crime of misappropriation in order to progress the crime of misappropriation both in theoretic and practical field.The article consists of four chapters:Chapter One elaborates on the object of the crime of misappropriation. Firstly, it construes the term "keeping for owner" broadly and elaborates its basis. Secondly, it centers on the issue whether the public property, real property, category property, illegal property can be the object of the crime of misappropriation. Thirdly, it points out that"forgotten property" and "lost property" are dissimilar and defines the criterion to distinguish them. Finally, it analyzes the concept and scope of "buried property".Chapter Two focuses on the objective aspect of the crime of misappropriation, which is divided into three parts.At first, it discusses-the connotation and nature of "holding".Then it analyzes the meaning and mode of "unlawfully taking possession of".Lastly, it points out that "refusing to return or hand over" is a necessary constitutive element of the crime of misappropriation.Chapter Three tries to distinguish the crime of misappropriation and some other property offenses such as larceny, fraud and the crime of duty misappropriation.Chapter Four points out the defects and puts forward proposals on the perfection of legislation:Instead "keeping for owner" as "holding";Expands crime object scope; Re-constructs the system of legal punishment; Amends the regulation of "disposal against suit".