Embezzlement Several Issues Discussed In This Paper

The crime of embezzlement punishment more comprehensive protection of private property ownership, with norms good for economic development in the process of property disputes and a crisis of confidence, in judicial practice, because of illegal embezzlement behavior led to the lawsuit is increasing, and gradually showing a trend of complex, diverse, "regulations in China the present article 270 th of the criminal law on the crime of embezzlement is undoubtedly to make up for the lack of" about the crimes of criminal law legislation over the establishment of this crime to crack down the crimes, protecting the public and private property is of great significance, but because the legal system design is not strict, regulations are too general, ambiguous, covers on the actual situation the difference, resulting in confirmation of the crime of embezzlement appeared a lot of confusion. Therefore, to explore the writing on controversial issues related to the crime of embezzlement, in order to make a little contribution to the perfection of the system of the crime of embezzlement. This paper analyzes some difficult problems from a comparative law and judicial practice of combined with a large number of cases of embezzlement, puts forward some opinions, hoping to benefit the criminal legislation and practice of the crime of embezzlement. This paper is divided into four parts.For the objects of the crime that has carried on the contrast analysis, that article 270 of the criminal law in the "custody", is the possession of others authorized financial. Analysis of the causes of illegal consignment is not based on the object of the crime of embezzlement. Secondly, starting from the forgotten the meaning, analyzes whether difference exists between the forgotten property and lost property, it should not distinguish between the forgotten property and lost property, that is to say the criminal law lost property also includes the lost property. Through the comparison of two kinds of mainstream theories at home and abroad, that the so-called "illegal possession" connotation, is the behavior of the property of others to change their temporary possession of illegal for himself all the property, is not required to refund or agreement of others. As all people or property, enjoy the content of property ownership, to achieve the intention of illegal possession. Can not be "refusing to return, refusing to hand over" and embezzlement equated, in fact, it is the requirement of the embezzlement. Determination of the crime of embezzlement crime, the author thinks, should be told when refusing to return or surrender to the standard is correct. The definition of the crime of embezzlement and other related crimes. Mainly discusses the boundary and theft, intentional destruction of property crimes, the crime of fraud related crimes, accurate identification, realizing the unity of justice.