Differences Between Crime Of Post Embezzlement And Crime Of Larceny

Property is the foundation for the pursuit of happiness and the survival of natural person,it is also the foundation for juridical person or non-incorporate organizations to maintain theirnormal operation and create social benefits. Property crimes directly make inroads on thepublic property and the private property. In addition, property crimes seriously disturb thesocial economic order and economic system. Among them, the crime of post embezzlementand the crime of larceny are two main types, they cause encroach not only on public propertybut also on the private goods and chattels. In recent years, the two types of property crimesare in high probability and the situation have become worse. Therefore, it becomes more andmore important to make a clear distinction between them. It is a pity that both of them havedifficulties in operation of judicial practice. The author selects a rather representative casefrom judicial practice, through the analysis of the elements of the crime of embezzlement andthe crime of larceny, the author try to find the difference between them and provide areference to the judicature. Here are the main viewpoints and the formation of this article:The first part introduces the case that Zhang, a staff in a non-state-owned company,occupied the property of his own enterprise.The second part introduces that, as a supervisor of the warehouse in his company, Zhangtook advantage of his position to steal the LCD TV and computers from the warehouse.The third part is the focus of the dispute. Some people think that Zhang’s act constitutesthe crime of post embezzlement, while other people think it is a crime of larceny.The fourth part includes the disagreement between the two sides. Whether the objectivityof the crime of pose embezzlement includes peculating cheating and stealing or other methodsis the main dispute in this case.The fifth part includes some analysis which based on the law. In this part, the authordemonstrates the constituting pieces of the crime of post embezzlement and the crime oflarceny. This article argues that the taking advantage of one’s position should contain threedetails. In the end of this part, the author summarizes the difference between the crime of postembezzlement and the crime of larceny.The sixth part is the conclusion. On the basis of the former demonstration, this articlethinks that Zhang’s behavior constitute the crime of larceny rather than the crime of postembezzlement. Moreover, to solve such cases impartial, the author suggests the legislative orjudicial department to pass a judicial interpretation to quell this chaotic situation.