The Objection Of The Embezzlement Crime

The crime of embezzlement as a kind of multiple crimes in reality is a kind crime that against property ownership which also has a long history. At present, most countries in the world have a regulation about it in the criminal law. Based on foreign lawmaking experience, and China’s own characteristics, the legislature sated up the embezzlement crime when amendmenting to the Criminal Law. As the going is not mature, it caused a huge controversy in theory and judicial. As people has different understanding about "custody by others","others’ property","forgotten things","buried objects", which makes it being the focus of debating in Criminal law theory. Especially that the regulations on Crime Object is more general which makes it need more study and further discussion. It also high lights the important theory and practical significance of their search on embezzlement crimes objects.This paper based on the regulation of embezzlement in criminal law of China mainly discusses the target of criminal offense according to the classification of different property. At the same time it references legislation about embezzlement in other countries or regions. This paper is divided into four parts. First, the paper defines "custody by others" and analyzes the causes and characters of it. Second the paper clarifies "others’ property" in details. From the part of "others" and the classification of "property", it discusses that "public property","own property","immovable property ","type of thing","illegal property" and so on whether can be the targets of criminal offense of embezzlement or not, in order to solve the different problems in recognizing crime. Third, the paper points out that "forgotten things" and "lost property" should be distinguished based on their differences. It also briefly states that "the lost property" can’t be classified into the category of embezzlement. And then conclude how to define "occupy forgotten things". At last, according to the differences in the regulations of "buried objects" between criminal law and civil law, the author points out the view that the connotation of "Buried objects" in criminal law is much broader than that in civil law. The author also points out the theory that "buried objects" includes both the private and State or collective, in order to consummate the study on the theory of embezzlement and judicial practice in our country. In this paper, the author uses the scientific, rigor and logic ratiocination to think deeply, in order to comprehensively analysis the problems of the crime targets of embezzlement,find out the legislation shortages and propose the humble opinion.