The Research On Embezzlement Crime Object

There are great differences of cognition and understanding on the criminal object of crime of embezzlement in the criminal law theoretical circle and judicial practice circle of our country. The criminal object of crime of embezzlement includes three categories:one is another person’s property placed under the actor’s custody; another is another person’s forgotten; and the other is another person’s buried property.In the first chapter, the writer analysis another person’s property placed under the actor’s custody, author believe that keeping for owners should be legal keeping, keeping for owners based on commission relationship、lease relations、security relations and pawn relationship, it is specifically cued that voluntary service and unjust enrichment can not be the basis of keeping for owners. Another person’s property includes public property. In certain circumstances, real estate、indefinite thing、intangibles and intellectual products can be criminal object of the crime of embezzlement, but illegal consigned goods、object obtained in crime and contraband can not be criminal object of the crime of embezzlement.In the second chapter, author analysis another person’s forgotten property, forgotten property is different from lost property, what the holder forgot to take away for negligence and others can effectively manage and control is forgotten property, but what managers can not effectively control is lost property. Another person’s buried property, the buried property in criminal law is different from the buried property in the civil law, it generally refers to property buried in the ground and belongs to separated property.In the last chapter, by analyzing the specific circumstances of the case, author concluded the nature of the behavior of the perpetrator.