A Study On The Determination Of "Custody On Your Own" In The Crime Of Embezzlement

The provisions of the law of encroachment are relatively simple,but its connotation is rich.The research on it should start from the law itself,fully combine the cases in practice,and deeply analyze the connotation and extension of the crime of encroachment.First of all,we must theoretically analyze the meaning of custody,and explore the difference between custody and possession.The second is to analyze the types of custody on behalf of custody,which are mainly divided into custody based on legal relationship and custody based on facts.Judging from the form and content of these two categories of custody,both in theory and in practice,the understanding of the custody content goes beyond its literal meaning and civil law meaning,and approaches the pure facts.The thirdis about the meaning of "others",which is easy to produce a narrow understanding."Others" refers not only to other natural persons,but to the scope of natural persons and then to units and countries.In addition,"others" include specific related persons,such as close relatives or shared persons.Similarly,in addition to the common movable property,there are some specific property items that can be kept on the behalf of the custody and refused to be returned.It is necessary to understand according to the nature of the object itself and the conduct and legal consequences of the crime of embezzlement.It also refers to things that cannot be used as custody objects,and that can be kept as custody in specific cases.The legislation on the crime of embezzlement is simple,the judicial interpretation is blank,and there are few practical cases.This is the status quo of the crime of encroachment,and it is also the problem of the crime of encroachment.This kind of problem is a comprehensive and systematic lack.In the legislation,the expression "for custody" can not cover all the objects of encroachment,and the judicial interpretation also lacks the generalization of the object of "storage on behalf of the custody",especially the provisions that cannot be the object of encroachment.The guiding cases in practice are also very limited.In the absence of legislation and judicial interpretation,there is no rich case guidance system.The encroachment of "repository goods" is undoubtedly needed to be further improved.The first is to change "save for custody" to "hold"because it holds a more objective and neutral summary of the crime of encroachment.By changing "for custody" to "holding",it can cover the scope of encroachment behavior to the maximum extent,be beneficial to the maintenance of other people's property rights and even some sort of social management order,and effectively solve the act of encroaching on the illegal storage.What needs to be paid attention to in judicial interpretation is the determination and adjustment of the standards for the crime of encroachment,the provisions on whether special types of property,intangibles,and illegal property belong to the object of protection of the crime,the procedures for serious or light punishment,and the procedure for encroachment on public property.Wait.In addition,the criminal law stipulates the crime of embezzlement is the private prosecution procedure,which fully respects the free will of the victim.Then,how do you file a lawsuit for encroachment on public property?The procuratorial organ may initiate a criminal private prosecution on its behalf,and the required evidence materials are provided by the victim unit.The procuratorial organ only makes the case on its behalf and does not apply the provisions of the public prosecution procedure.Relevant judicial interpretations are issued,focusing on the specific objects and specific property regulations,so that the custody of the custody is more targeted and operational.To strengthen the criminal refereeing of the crime of embezzlement,it is necessary to focus on the boundary between the crime of embezzlement and the similar crimes,and to explore the rules for the determination of "bribe bribery" from the jurisprudence,and to enrich the theoretical study by enriching the case.