Research On Whether The Illegal Trust Item Could Be An Object Of Appropriation Crime

Appropriation crime has two implications. First, it refers to the behavior of doer's illegally possessing another man's properties with a comparatively large amount which was kept by them and refusing to return. Second, it also refers to the behavior of illegally possessing another man's lost property or deposits and refused to hand over. On these grounds, the objects of appropriation crime contain another man's property, lost property or deposits kept by the doer for others. Due to the regulation's inherent characteristics of simpleness and abstract as well as deficiency of legislative process, there have always been controversies and debates towards the objects of appropriation crime in judicial theory and practice since 1997 when appropriation crime was formally incorporated into the criminal law system of our country. .Although academic circles have done a lot of researches; there has not been a unified understanding on whether the illegal trust item could be an object of appropriation crime. What's more, all the researches seem to have ignored it and haven't done a intensive research on it. This paper aims to analyze deeply whether the illegal trust items could be an object of appropriation crime by studying the case of Wang's embezzling the property of other's bribery and based on the researches of domestic and foreign scholars.This paper contains five parts.The first part introduces the details of this case.The second part concludes the main issues in dispute. First, if the determination of ownership has kept the consistent principle between civil law and criminal law. Second, before Wang had the criminal intention of illegal embezzlement, how to determine the nature of Wang's controlling on the twenty thousand yuan. Third is how to determine the ownership of the twenty thousand yuan. Forth is what principle of criminal law should be used. The second part introduces the focuses of these three debates in details.The third part makes a detailed analysis of the three debates one by one and ascertains that this case does not conform to the characteristics of appropriation crime which means that Wang's behavior does not make a appropriation crime.In the forth part, the writer eliminates the convicting foundation of the case's being the crimes of larceny, fraud and offering bribes.The fifth part is an analysis of the object of violation in this case. The writer argues that it will be more reasonable to solve this case on the basis of civil law and administrative law under the guidance of the modest principle of criminal law and legality in order to correspond to the real purpose of legislation, reduce social conflicts and save punishment costs. The researches of this paper want to provide some reference value on correct understanding and judging of similar cases.