Study On The Application Of Criminal Law To The Crime Of Occupation

China's criminal law in 1979 did not provide for the crime of embezzlement.However,with the reform and opening up of China and the continuous prosperity and development of the economy and society,more and more encroachment behaviors have occurred.In 1997,the crime of embezzlement was added when the criminal law was amended,effectively cracking down on various types of crimes.The act of encroachment ended the state of being unable to rely on the act of combating encroachment and played an important role in protecting the property of the citizens.However,since the establishment of the legal provisions of the crime of embezzlement,there have been more controversies in the application of this crime in judicial practice.Many scholars and experts have conducted research and discussion.This paper chooses the theory of criminal object and objective aspect in the elements of encroachment crime,and defines the specific scope of the property including the private scope of the private,public unit,close relatives and the unreasonable cause of the property,the forgotten object and the loss.Analysis of the differences between objects,buried objects in criminal law and buried objects in civil law,analysis of research on the scope of custody,the objective behaviors of non-refundable or surrender,and the question "should not be forgotten The matter and the lost property are strictly distinguished." "Where the property owner refuses to surrender the property before filing a lawsuit with the public security organ or filing a case with the public security organ,it constitutes a time limit for refusal to surrender or refund." And argumentation.In combination with the case,from the judicial practice,the crimes of embezzlement and non-causal management,unjust enrichment and other civil acts,and the boundaries of similar crimes such as theft and job embezzlement are analyzed,and the identification of the crime of embezzlement is further improved.Finally,by analyzing the legislative defects of the scope of crimes of encroachment crimes,the breakdown of crimes,the unscientific legal punishment,and the single form of litigation,it is proposed to further add hidden objects and drifting crimes,and reconstruct the crime of embezzlement.To increase the crime of encroachment on property crimes,modify the litigation system,etc.,improve the legislation on encroachment crimes,and further apply judicial practice.