Crime Of Embezzlement Constituent Elements Of Research,

The crime of Embezzlement is passed of the new criminal law in 1997. it fills gaps in the legislation of property crime, to combat and regulate this type of criminal offense to provide a basis for the maintenance of normal social order of market economy, protection of property rights and interests of citizens with legitimate significance.However, due to legislative restrictions on the level, and the general features of the law itself, the understanding of the charges in the theory and judicial practice has been controversial. Can be said that embezzlement is still controversial points of criminal law and charges identified one of the most difficult. This paper builds on existing theory based on the results of this study deeper sin, constitute the crime from start to change, in-depth analysis of the charges in the controversial issue. The main content of the article the author divided into the following four parts:Chapter I:Overview of embezzlement. Embezzlement of this chapter the author describes the legislative history of Chinese and foreign, comparative and foreign contemporary Conversion Legislation in different characteristics. Meanwhile, the concept of embezzlement problems in the list based on the different points of view at home and abroad put forward their own point of view.Chapter II:Embezzlement subjective. In this chapter the author analyzes the crime of embezzlement constitute the subjective aspects, is divided into two parts: first, respectively, the subjective understanding of the elements of embezzlement, will factor analysis. Second, the "illegal possession" of the subjective purpose of the request for analysis to clarify the concept of the struggle to solve the problem of identification in judicial practice.Chapter III:Seize the objective aspects. This chapter, the author of embezzlement in the performance of an objective analysis to determine the objective elements of Embezzlement content, divided into two parts:first, the behavior of embezzlement, the main settlement in this part of the acts of embezzlement in a concrete manifestation of occupation discusses the "refusing to return, refusing to hand over" Embezzlement is the act of usurpation in the legitimacy and rationality, while addressing the practice of recognized, "refusing to return, refusing to hand over" a number of specific issues. Second, the occupation of the range of behavior points to the object, the object of some of the major scope to resolve the size of Embezzlement problem.Chapter IV:Embezzlement object. This chapter discusses the embezzlement of the object to be divided into two parts:first, the object of civil law crime against property of the status quo. Second, the object of increasing creditor's rights, the author focuses on the part of the creditor's rights as a possibility and necessity of the object of embezzlement, while the object can be used as claims of embezzlement for a limited range.