The Discussion Of Special Damage In The Criminal Law

Unfair reason payment refers to the payment side of the conscious and purposeful payment of other people's property,and thus the occurrence of property gains and losses.And the consciousness and purpose of the payee is based on a violation of the mandatory regulations or the payment of goodwill,and the recipient is not legally responsible for the payment of the final relative to the payee.The payment of the debt from the beginning of the lack of payment purposes,and the recipient of the material for their own,no legal reasons.At this point,the behavior of the recipient has constituted an encroachment,but does the payee have the right to return?Does the recipient's encroachment constitute a crime of embezzlement?At present,the law of our country is not clearly defined in this kind of behavior,so often the civil law is not worthy of protection of the interests of the criminal law has been protected,then whether the violation of the unity of law and other issues is now a common criminal law theory and practice a major problem.Therefore,this article carried out an in-depth analysis of the encroachment,from the perspective of maintaining social order,concluded that the encroachment of illegal reasons to pay the behavior of the establishment of China's embezzlement.