Defined The Target Of Embezzlement Crime

Embezzlement crime is an important criminal law offenses. Whether criminal law,criminal law theory and judicial practice,it has occupied an important position.However there is a large debate in academia. It has also become the key to identify embezzlement crime and to distinguish embezzlement crime from theft and defraud.The target of embezzlement crime is specific,which is generally based on legal acts and the fiduciary relationship.It is legally possessed or controlled the property of others,but after the possession or control there is an illegal intention to embezzle and ultimately the property is out of control and possessed by the criminal. From the theoretical analysisi,the target of embezzlement crime can be any valuable objects,but in fact,the property which can be possessed is limited, since some objects can not be possessed.However,the object is the key to identify the target of embezzlement crime.In modern society,the connotation and denotation of the objects is constantly expand,so it becomes an important proposition that how to associate the constantly changing objects with embezzlement crime.For example,whether intangible property,property acquired based on illegal reason or property held by antecedent actions can be identified with the target of embezzlement crime is worth considering. In our country’s criminal law theory circle,the discussion of the target of embezzlement is very much.Meanwhile,judicial practice provides the necessary data and empirical materials which promote the research on embezzlement crime further.But the research on the target of embezzlement is never unified,because the target of embezzlement itself is changing.This thesis start from the case,analyse the focus of controversy and then leads the target of embezzlement crime.Through the basic analysis of the target of embezzlement crime and compare with the target of theft and defraud,the basic range of the target of embezzlement crime is eventually concluded.At last,it emphasize that whether intangible property,property acquired based on illgal reason or property held by antecedent actions can be identified with the target of embezzlement crime.By this analysis the article attempts to give a reference conclusion to identify the target of embezzlement crime and give necessary standards to identify embezzlement crime and distinguish from other crimes in judicial practice.