Doctrinal Causes And Countermeasures Of Embezzlement

The crime of embezzlement In judicial practice,the courts in various places may not recognize it as an embezzlement because of misunderstanding of the deposit,forgotten things and buried things,or refuse to accept it because of insufficient evidence and unknown whereabouts of the accused,resulting in embezzlement.Difficulty in the application of sin.The causes of dilemmas exist in entities and procedures.Nowadays,although the academic circles have discussed this,they have remained on the surface.There is no clear upper standard,which cannot guide judicial practice.This article analyzes the case of the Judgment Document Network to visually show the current judicial situation in which the crime of embezzlement is difficult to apply.Based on the theoretical and practical structure of the constituent elements of the crime of embezzlement,this article traces the source and identifies the most fundamental protection of legal interest.Starting from the dissection of the constituent elements of the crime of embezzlement and the applicable procedures of the crime of embezzlement,the progress was made layer by layer,and it was concluded that in order to solve the current dilemma,the legal benefits of the crime of embezzlement must be defined.The existing procedures of "the crime of Personal accusation" in the criminal procedure laws at home and abroad make some suggestions on the application of the criminal procedure of " Personal accusation" in China.The legal benefits of the crime of embezzlement include,but are not limited to,the possession of the right holder,which violates the possibility of the right holder's exercise of property ownership,including possession,use,income,disposition,and available benefits arising from the above acts;"Property" should be interpreted in a broad sense,that is,possession is formed by a non-illegal act,and it is not necessary to investigate whether the first act of the non-illegal act is legal;as long as theforgotten and buried objects form possession,The possession is established,when the right holder requests to surrender but refuses to surrender,it constitutes an act of embezzlement,so there is no need to distinguish between the forgotten and the lost property;there must be a "request or return of the right holder" link in order to Correctly identify "non-refundable or surrender".The law must respond to actual needs in order to be meaningful.After reconstructing the protection of the legal interest and the constitutive elements of the crime of embezzlement,this paper draws on the procedural law provisions in Taiwan,China,and proposes that the lawsuit mode of the crime of embezzlement can be changed to the dual choice mode of "private prosecution or public prosecution",and the accepting organ of the public prosecution will be designated as the procuratorial organ..In this way,it can not only solve the difficulty of collecting evidence,but also free the procuratorial organ from the embarrassing situation of "telling on behalf of" and better protect the increasingly diversified transaction activities and the property rights of the parties.