Research On Crimes Of Embezzling Payment With Illegal Reason

The conception of illegal reason paying in the criminal law is from the system of illegal reason paying in the civil law.The system involves the general principles of civil law,property law and debt law and other basic theories.Whose basic theory is complex.Civil legislation does not specify the ownership of the property after the payment of ownership,But rather to adjust the property relationship under the circumstances by the indirect provision of whether or not the grantor has the right to return the claim after the payment.The nature of the behavior of the invaders is always a difficult problem in the theoretical and practical circles of criminal law.Unlike civil law,which focuses on the adjustment of rights,the criminal law places more emphasis on the protection of rights and on the punishment of infringement of rights.In this paper,On the basis of drawing on the basic theory of the lawless cause payment in civil law,To establish the criminal law of the meaning of the lawless causes of payment,Through the study of the behavior pattern of the unlawful cause payment,Determine the nature of the act of misappropriating causes of misappropriation.The criminal law take a different orientation with civil law in the adjustment of social relations,To explore the meaning of the criminal law to pay the lawless causes.And the preliminary analysis of the criminal law on the reasons for the classification of the causes and the necessity.In the criminal law sense,Broadly defined causes of wrongdoing include the act of transferring ownership of property and the act of entrusting others to take care of the property.Narrow sense of the causes of misfeasance only refers to the granting of the reasons for the transfer of property ownership to the perpetrator of the subjective intent to objectively directly to the delivery of property to the perpetrator,the transfer of property ownership behavior.German criminal law advocates that ownership is the standard of embezzling crime.The crime of embezzlement could be established by the commission of the unlawful cause.Japanese criminal law advocates that the crime of embezzlement could be established by the leagal commission.China's criminal law scholars generally agreed to pay and commission the division,And for the cause of the crime can not be established for the crime of embezzlement,there are positive and negative that the controversy.The theoretical controversy over the appropriation of illicit causes appears to be complex,In fact the main issue is to start around the two,First,the necessity of distinguishing between payment and commission in criminal law;Second,the scope of the criminal object of the crime of embezzlement in China's criminal law.The author believes that,unlike civil law,it is important to differentiate between the unlawful causes of consignments and the unlawful causes of consignments in criminal law.Therefore,I support the difference.In addition,I believe that the crime of embezzlement "on behalf of custody" should include illegal custody,Illegal causes of consignments belong to the scope of illegal custody of property.Therefore,the unlawful causes of objects can become the object of embezzlement,But the lawless causes of payment is not the object of embezzlement.Therefore,it should be recognized that misappropriation of the causes of misappropriation does not constitute an offense of embezzlement,While the crime of misappropriation of the reasons for the commission of the behavior can be set up embezzlement.