Analysis Of Crime Of Embezzlement In The“Custodys”elements

The crime of Embezzlement is a kind of new crime type after the revision of the constitution of our country in 1997.Misappropriation of sin "keeping for owners" meaning in understanding the problem has caught the attention of the academia and judicial circle.And at present has not yet come judicial explanation for "keeping for owners",not forming a unified understanding for "keeping for owner",which is the indirect effects of the specific recognition of embezzlement.At the same time to the criminal law educational world and the judicial practice for the discussion is also increasingly fierce.The "keeping for owner" includes narrow theory,broad theory and eclectic theory.The controversy has centred on the question of whether you keep illegal custody,and whether you keep the establishment of the clientage based only and the control rights of the property for safekeeping.Therefore,it is necessary to come up from theory to analyze the different doctrines.In narrow theory,compromise on understanding the meaning of "keeping for owners" limit too much,lost the meaning of linguistic,do not have rationality.On the basis of the combination of Chinese and foreign legislation comparative analysis generalized,accord with countries around the world for a broad understanding of the problem.And conform to the essential characteristics of embezzlement,and insist on the basic principle of criminal law interpretation,carry out the basic principles of criminal law,the application of the generalized said a strong theoretical basis.At the same time,for the specific development of the broad sense,it is first determined that the custody can be formed based on the entrustment relationship,facts and habits.Followed by sure you keep control of problems,from all control based on the theory of property law,would you keep as a "hold" relationship,thus to our country criminal law in the understanding of safekeeping provided beneficial,to regulate such legislation phenomenon in criminal legislation and criminal justice in the conviction and sentencing reasonably accurately provide reference.