On The Behavior Of Embezzling By Duty In Chinese Criminal Law

The behavior of embezzling by duty in Chinese criminal law is a type of propertycrime and a core fact of the crime which impacts the recognition in judicial practice.The embezzling by duty is a kind of behavior that someone makes use of theconvenience from duty to legally seize the unit properties by peculating, stealing,cheating or other methods.“Make use of the convenience from duty” is a preconditionwhich is essential to distinguish the embezzling by duty from the embezzling, stealingin burglary and cheating in fraud. It means taking advantage of the convenience ofkeeping, supervising and handling properties. The meaning of duty is different frompublic affairs, power or job. Duty should embody legality, directness and be current.The necessary condition is illegal possessing which has caused many debates.Explicitly discuss four forms of the behavior is based on widely understanding. Andthe four forms contain the peculating, stealing, cheating and other manifestations.Peculating performs totally occupy the properties openly or secretly with omissionand commission. Normally, the object of stealing and cheating can’t be directlycontrolled which is managed and handled by actor or co-management with others, notincluding manage by others separately. Cheating should result in taking property, notgaining the duty or concealing the crime. The unit property is the behavior’s objectwhich refers to the property under the management of the unit. It doesn’t requireownership and legality. The scope of property includes real estate and personalproperty, corporeal property and incorporeal property, including intellectual property’scarrier, but not including intellectual property.