Qualitative Study On Embezzlement Of Property In Criminal Law

In recent years,with the development of society,the behavior of embezzling other people's property without the consent of the owner of property has been increasing day by day,which has seriously disturbed the order of other people's normal social and economic life.However,there are different views in criminal law and legal affairs on whether this kind of behavior has criminal penalty and whether it is applicable to the crime of larceny.In view of this,this article from the criminal law angle,carries on the qualitative analysis to the embezzlement behavior.In this paper,three types of cases of property theft are introduced into the topic,namely,the case of non-loss theft of property,the case of serious loss of property theft,the case of discarding or destroying the property after embezzlement.How to characterize the three acts involves the subjective elements of the crime of larceny and how to understand the interests of the protection law of the crime of larceny.This paper holds that the essence of crime is infringement of legal interests,and the law of protection of crime has the function of explaining the constitutive elements.The legal interest infringed by larceny is the value of things,so the connotation of illegal possession in larceny must also accord with the law of protection of larceny,that is,the connotation of the purpose of illegal possession is the purpose for which the perpetrator has the value of infringing upon the property of others.On this basis,the purpose of illegal possession has the function of distinguishing theft from non-theft,larceny and intentional destruction of property.Through combing and analyzing the above problems,the following conclusions are drawn: the serious attrition embezzlement and the behavior discarded or destroyed after embezzlement constitute theft,and even if the non-loss embezzlement does not infringe upon the law of protection of theft,Therefore,it should not be regarded as theft.However,in view of the fact that some acts of non-attrition embezzlement of property may seriously affect the production and life of others,the author thinks that this kind of behavior can be brought into the scope of criminal law by legislation.