| The crime of embezzlement charges in the criminal law of the article is to use the "custody" instead of "possession", which reflects the nature of the crime of embezzlement, which is not only the interests of the property, but also the trust interests of the victims and the victims. In the study of criminal law, it is not necessary to control the other people, but it should be a factual judgment, which is based on the fact that there is no need to be a factual judgment. Illegal property in addition to contraband, can become the property of the crime of embezzlement. In the case of illegal and legal norms, there is still a trust relationship. The "replacement of the crime of embezzlement" should not replace "possession"". Not all of them belong to the case of the custody of other people's property, the temporary generation is not included in the custody of the possession. Possession is more than the scope of possession, possession of the meaning of the limit for the custody of the scope of the legislation is not consistent with the purpose of this. It is not a real person who enjoys the power of the temporary holder, but it is the actual controller of the object itself, that is, the holder of the right to control the possession of the goods. If there is a fact, it can provide reference for the existence of the existence of the reference, such as the fact that the behavior of the negative behavior of the property, the general does not exist for the custody. In many times, from the perspective of whether it has the problem of the analysis of the problem, and not to occupy the basis of the judgment, it will not fall into various theoretical disputes.In this paper, we will analyze the behavior of "custody" in the crime of embezzlement, and make clear the essence of the embezzlement behavior, analyze the status of possession, possession and custody of the crime of embezzlement, in order to confirm the crime of embezzlement in judicial practice and implement the principle of legality. |
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