Theft And Embezzlement Of Research Boundaries

With China’s economic development, crime against property class has become themost common types of crime-prone, and this one is the first public and especially thecrime of theft. The embezzlement as crimes against property in another important typeof crime, which are based on the same calm and theft means to infringe on propertyrights of others, out differences in many aspects of behavior, such as not easily tell thedifference, in practice both cases will be a lot of confusion. In this paper, comparativestudy and empirical research combination from three major aspects of theft andembezzlement of protected subject matter, objects, and behavior analysis to distinguishbetween the two boundaries.The main part of the paper are "protected subject matter of the difference betweentheft and embezzlement","object distinction theft and embezzlement" and "distinctiontheft and embezzlement by way of behavior." Which is the study of theft andembezzlement, respectively, from the perspective of the criminal object, the object ofcrime and criminal behavior boundaries.This paper analyzes the difference between theft and embezzlement protectedsubject matter. The difference is reflected in the subject matter of protection violationsdistinction between possession and ownership of the infringement. Thus occupyattribution judgment, is the content of this article focuses on, but also the core of thedifference between theft and embezzlement, the judge can say that possession is directlyrelated to the vesting of theft and embezzlement correctly identified. Possession at thetime of vesting criteria discussed first introduced the "possession" concept and meaningof the constituent elements of criminal law, criminal law should clarify the "possession"Civil Law "possession" introduce different meanings in "possession" of the CriminalCode when connotation. Then I will introduce how to define theft and embezzlement in afew special cases encountered in practice of the central standing committee. Specificallyincluding the killing of the deceased’s belongings found dead after possession, possession entrusted packaging identification, possession of authorization under the parallelrelationship and possession of master-slave relationship identified. Through thepossession of the relationship under these special circumstances we will elaborate how toidentify the correct understanding of the difference between theft and embezzlement andeven better guide judicial practice.This paper analyzes the difference between theft and embezzlement next object. Theauthor of embezzlement "Custody Matter" finds "lost property" and finds "treasure trove"of that in-depth and detailed analysis. This three are acts of embezzlement object isunique. Then the author analyzes the connotation and extension, and then how to definethe object of theft larceny behavior of the object. By analyzing the particularity ofembezzlement and theft of objects objects we can sum up the difference between theftand embezzlement on the object.Finally, analysis of the difference between theft and embezzlement behavior. Thissection describes the theft and embezzlement were different behavior. Theft of behavioris peaceful possession of the means to destroy the original relationship, and build newrelationships possession, and not limited to "steal secrets"; while the embezzlement ofbehavior does not destroy the possession of relationship, but will be converted to theillegal possession of all, refusing to return or refuse to surrender. Here, the author also ofembezzlement behavior "illegal for himself","refusing to refund" relationships and"refused to hand over" meaning and each other in depth analysis. By analyzing thedifferent characteristics of both their behavior, we can summarize the behavior of theftand embezzlement difference benchmarks.The author of the above analysis, the ultimate distinction can be summed theft andembezzlement boundaries of logic paths. Theft and embezzlement difference is reflectedin the difference between objects, and possession of judgment is to distinguish betweenthe boundaries of theft and embezzlement core. Theft and embezzlement difference isalso reflected in the difference between the difference between objects and behavior. Onan object, the object of embezzlement more special than the object of theft is limited totake custody of the property of others, and a treasure trove of lost property of others, andthe theft of an object is not limited to this. Theft on behavioral performance using peaceful means to transfer possession, and possession for embezzlement performanceeasily lawless all.