On The Object Of The Crime Of Embezzlement Reflections

According to the criminal law270stipulation, the embezzlement crime objectincludes three categories: for safekeeping of others’ property, forgotten property andburied property. This paper is based on these three kinds of object. There are threechapters to detail related issues about the object of embezzlement.The first chapter is how to understand safekeeping others’ property. As theunderstanding of safekeeping directly determines the object of embezzlement, it isquite necessary to list a special chapter. This chapter is divided into three sections:The first section explains the meaning of safekeeping, that is the behavior takescharge of others’ property based on the law or the practical reason; The second sectionexplains the essence of safekeeping, that is held not occupied; The third sectionsummaries the representative basis, including the commissioning, leasing, borrowing,guarantees and other legal reasons and for management, unjust enrichment, violationstwo categories.The second chapter is for safekeeping."Things" in scope and boundary. Theauthor of the crime of embezzlement object as the basis, this chapter can serve astargets of the crime of embezzlement and not as targets of the crime of embezzlementin two parts. In the first part, can be used as the object of crime of invasion for publicproperty, real estate, intangible, species, sealed with five kinds of representative; in the second part, not as the crime of embezzlement is the main target of knowledgeproducts and contraband two kinds of typical object.The third chapter is forgotten, buried and the out-of-held object. This chapter isdivided into three sections for analysis. The first section is the forgotten property inthe crime of embezzlement in the cognizance of. In this section is subdivided into twoparts: the forgotten part of the meaning, refers to the owner of lost propertyconsciously placed in specific places, due to negligence and forget to take and thepotential for specific sites of specific personnel under the control of the property; thatpart of misappropriation, finds lost property is the crime of embezzlement object isthe most important is to grasp the " double control " existence, while the judgment"double control" was established to consider both spatial properties and innervation ofconsciousness two factors. The second section is buried in the crime of embezzlementin the cognizance of. This section is divided into two parts: the buried object conceptand the occupation of buried object identification. Buried object is buried on the landand in his thing, without anybody under the control of all property belonging to others;occupation of buried objects that emphasizes the consideration behavior in theimplementation of embezzlement is the burial objects before having lawful possessionright, rather than to" knowingly" or" discovered" as the standard for judging. Thethird section is occupied from holding the cognizance. Although not involved incriminal law from the holdings could be embezzled object, but the author thinks, lostproperty, drift and separated from the feeding animal holdings can become the objectof the crime of embezzlement.I hope to make some humble analysis of issues related to embezzlement crimesobjects, in order to reduce the theoretical arguments and judicial practice resistance.