Research On Crimes Of Embezzlement

Embezzlement is a new charge in the PRC Criminal Law of 1997 version, Embezzlement added to make up for the deficiencies of our criminal legislation ,so that China's criminal legislation tends to be more scientific, comprehensive, added the protection of the public and private property ownership, of great significance. Because complicated cases of embezzlement, and embezzlement of more general provisions of law shall, to explain the lack of appropriate legislation and judicial interpretation, resulting in understanding of the crime, a greater understanding of the differences, especially for embezzlement in the prior possession, the object of crime, refusing to return to hand over the nature of the problem has been more controversial, such problems ar necessary for further analysis and research.This paper is divided into three parts, according to China's criminal law, criminal law in reference to Chinese and foreign legislation on embezzlement, combined with the author encountered in practice in judicial cases, the problem of embezzlement in a number of preliminary discussions with a view of embezzlement contribute to the theory and practice.The first part is about prior possession of the embezzlement. This paper is mainly engaged in the first possession of the properties, and have identified three aspects of embezzlement based on the prior possession in question are discussed. Embezzlement is the perpetrator of the prior possession of the actual control of property of others, Needless to define its nature, the possession of the many factors identified should be integrated to judge, "take custody" is generated in the prior possession of embezzlement important basis. "Take custody" can be interpreted in accordance with daily habits, behaviors have sole custody of property of others means you can set up "to take custody."The second part is about the object of criminal embezz...