The Essence Of Crime Of Embezzlement

The embezzlement is a new charege in China’s criminal law.So Chinese scholarsfor the study of embezzlement in the late start that there are a lot of controversy inour country criminal law theory and judicial practice.This paper mainly from theJapanese criminal law legislation and theory, with reference to other countries’legislation, combined with China’s judicial reality, to have breach of this oneessence.the embezzlement is divided into Generalized embezzlement and specialembezzlement.The former refers to the occupation of their holdings of property ofothers, the latter only refers to the occupation of custody. This paper from thelegislative history of our country and comparing the foreign legislation to summed upthe general essence of crime of embezzlement. Then from our country’s legislationand criminal law theory, going further to discuss the reference and how to use thesereference to solve the problem. Finally, through the above study results, points out thedefect of the embezzlement in our country and give the suggestions for improvement.This paper is consists of introduction,body and conclusion. The body has fourchapters.The introduction mainly talk about after the establishment of new Chinaembezzlement crime legislative and then to the embezzlement crime object, objective,the object of the crime of embezzlement, draw out some debate of embezzlement inChina.The first chapter mainly introduces the ancient Chinese embezzlement legislation, especially Tang Dynasty embezzlement legislation to discuss the understanding ofancient people to the crime of embezzlement essence.The second chapter is about the comparison and research of the crime betweenother countries.It is included Continental law and Anglo-American law systemcountries.Finding out their similarities and differences to reveal the essence ofembezzlement.The third chapter is based on our country ’s legislation of embezzlement and theChinese criminal law scholars’research on the embezzlement to do a deepresearching.It includes the subjective and the objective and other aspects ofembezzlement.It will be useful to do a deep researching of the criminal law theory andjudicial practice.The forth chapter is based on the conclusion of the study of this paper,points outour country criminal law for the crime of embezzlement legislation, and puts forwardsome legislative suggestions.Conclusion of the above discussed a necessary summary.