Research On The Controversial Questions Related To The Crime Of Embezzlement

In judicial practice, Crime of theft, embezzlement and fraud are highly occurred property crime. Although they are all belonging to the violation of property crime, but each of them have different elements. The main difference lies in the objective aspects of the crime. The crime of theft manifests stealing others control property. The objective aspect of the crime of fraud is imposed by the act of fact from fiction, hiding the truth, telling the property owner wrong condition, making the property owner going into wrong understanding. Based on false recognition, the property owner makes out the behavior of Disposition. The crime of embezzlement's objective aspect is invading a property which is possessed by actor already because of other's commission.Under normal circumstances, we can deal with case basis of the respective elements accurately. But in judicial practice, there will be several behaviors interweave together. Then, how to determine the conviction is very important. When the theft and fraud intertwined, we should concern which behavior plays major role to obtain property, and then look at the behavior person acquires property if it is contrary to the will of the victim. When the fraud and embezzlement intertwined, the key to distinguish between them not only to see which behavior play an important role to obtain the property. Especially in, if the actor possesses the property before he carries on the crime behavior or not. This article will combine the specific practice case to analysis this kind of qualitative behavior. This article also discusses issues related to the joint crime, according to the behavior of people in the joint crime and crime plot and harm degree to correctly treat.The article is divided into six parts and about twenty thousand words.The first part is a main point. Which introduces the main point of Wu et al. invades ascends the deposit receipt.The second part is the presentation of a case. which states the basic information of the case, the entire process of litigation, legal facts, dispute and the final result of treatment.The third part is the focus of controversy in this case. How to treat Wu's behavior q and whether Ma and Zhu should be punished or not.The fourth part is the disputes and disagreements. There are several different opinions and reasons to deal with Wu's behavior. Including not a crime, constitute a theft, constitute a fraud, constitute an embezzlement. And then to Wu and Ma's behaviors some people think should be prosecution, and the others object.The fifth part is the legal analysis. This part states the difference among unjust enrichment in the civil law and embezzlement, fraud and larceny. And then author introduces distinction of the crime of theft, fraud and embezzlement in judicial practice.The sixth part is the research conclusion. In conclusion, Wu's behavior constitutes the crime of embezzlement, not the crime of theft. And Ma and Zhu's behavior cannot be investigated.