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Of Embezzlement research

Author: ZhouZhiHua
Tutor: ChenZhongLin
School: Southwest University of Political Science
Course: Legal
Keywords: possess possess as own unlawfully refuse to return refuse to surrend
CLC: D924.3
Type: Master's thesis
Year: 2007
Downloads: 218
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Abstract

This article is made up of three parts.The ilrst part is generation of lawmaking about embezzlement.I introduce generation of law making aboutembezzlement abroad and the history of law making about embezzlement. Thesecond part is criminal constitution of embezzlement:the object ofembezzlement,the objective aspects of embezzlement, the subjiective aspects ofembezzlement, the main body of embezzlement.The third part is identifitionabout embezzlement and law-making suggestion about embezzlemnet.In the part of the object of embezzlement.I discuss public property、lostthing wether or not can be included in the objects of embeezzlement, how tocomprehend "property taken care of by others" "property buried".In the part of objective aspect of embezzlement, I think the embezzlement ismaden up of prerequisite—hold,kenel—unlawful possess,additionalprerequisite—refuse to return or surrender.The premise of embezzlement justpossess property of others.Possess property unlawfully as one’s own is possessproperty unlawfully already possess or property entrusted by public unit. Refuseto return is a essential condition of embeezlement.It’s foundation only need thefact that people refuse to return property of others.In the part of subjective aspect of embezzlement, I think embezzlement isdirective willful.The prupose of people possess property of others unlawfully isgenerally produced after people pessess property of others legally.In somesituation,the criminal purpose is preduced at the same time of action of possessproperty, for example,in the situation of peole pick up forgetive property, findburied property,people collect the property to possess the property unlawfully.In the part of main body of embezzlement, I think the main body of thecriminal is ordinary body,not special body.The 270 term of new criminal lawdon’t include unit as his criminal body, so we shouldn’t treat the indeeds of thoseunit as criminal. Privately owned operation don’t meet legal person qualificationdon’t delong to unit-criminal body of the thirtist term of new criminal law.If itpossess property of others,we may treat it as embezzlement to punish it.In the part of identifition about embezzlement and law-making suggestion about embezzlemnet,i discuss the difference between embezzlement andlarceny,the bounds of embezzlement and posty embezzlement,the already doneand aborted situation of enbezzlement.Finally,i propose several law-makingsuggestion on the basis of the whole paper.I specially discuss the differencebetween seize forget property and steal property.I think the place where victimforget property:public place and inpublic place.In the two situation,the conditionthat the second-control people control forgetive property is different.In the publicplace, the second-control people need clear control-purpose to the forgetiveproperty.In the inpublic place,the second-control people just need generallycontrol-purpose.In the two situation,the nature of people possess forgetiveproperty of others is different,the former may constitute embezzlement,the latermay constitute larceny.

Of Embezzlement research

Abstract

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