Embezzlement Judicial Determination Of Research Questions

Infringe upon the property crime is relatively old types of crime in criminal law, the common features of this kind of crime is illegal purposes, acquisition, destroy or misappropriation of public or private property behavior. In the legal system of our country about the relevant provisions of the theft and fraud have a long history, however there are no crime of encroachment and crime of duty encroachment in Penal Code of our country in1979, it has relevant provisions of the criminal law in our country, until in1997criminal law for the rules. In the judicial practice, however, how to correctly recognized crime of encroachment, crime of duty encroachment, theft, and even Crime of fraud, how to distinguishment of crime from noncrime, this crime and that crime, how to correctly understand crime of encroachment and related violations of the distinction between the property crime has been tangle. From the crime constitution, above all the subjective aspect of four kinds of crime are intentionally, and another person (unit) property for the purpose of illegal possession; On crime subject except crime of duty encroachment is a special subject, the rest are general subject; The crime object on crime of duty encroachment is the property of the companies, enterprises or other units ownership, the criminal offense of the other three object is public or private property ownership; In the objective aspect of crime, the crime of the form is not the same, occupy the objective performance of sin for custody of the property or others on behalf of forgetfulness, buried illegally occupied for himself, a large amount to refund or refused to hand over; Objective aspects of crime of duty encroachment appears to take advantage of his position, will this unit property illegally occupied for himself, large amount of behavior; Theft of objective performance for many secret theft or steal a large amount of public or private property; Crime of fraud of the objective performance for the use of fictional conceal the truth from the facts, methods, diddle large amount of public or private property. But only from the theory of crime constitution can not be to the difference between sin and boundaries clear.In this paper, based on the theory of crime constitution of real life case as the breakthrough point, starting from four of JiangMou suspected crime, crime analysis by the crime, carefully analyze occupy the main difference between the crime and crime of duty encroachment is the criminal suspect whether use of the convenience of position; And theft of the main difference between crime intentionally produces the gap on the time, the object of crime; And crime of fraud of the main difference is that diddle property of intentionally produce time; With the major difference between unjust enrichment in so active property, or passive., through the analysis of the author to identify the true, the first set after the break, finally draw the conclusion of this paper-JiangMou suspected of crime of encroachment. The author also hope that through the discussion of this paper for the judicial practice on how to correctly identified crime of encroachment and how to distinguish between crime of encroachment and other crimes of property infringement of boundary provide useful help. In order to enact more accurately for criminal law, crack down criminal illegal crime, effectively protect the lawful rights and interests of citizens of legal persons and other organizations.