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Study on the Constitution of Embezzlement Crime

Author: HanXueBing
Tutor: LiJie
School: Jilin University
Course: Procedural Law
Keywords: Embezzlement Detinue Refusing to return Refuse to hand over
CLC: D924.3
Type: Master's thesis
Year: 2005
Downloads: 192
Quote: 1
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Abstract

The provisions of the Criminal Law of Embezzlement is incorporated into the Criminal Code in 1997 had just adjust a new crime , because the legislative content sloppiness and lack of judicial experience , Embezzlement Crime constitute considerable controversy exists both in theory and practice . The author points five chapters on the Embezzlement Crime pose problems has been systematically studied . This article describes of Embezzlement in the development process of China 's history , the new China Embezzlement develop faults , summed up the legislative model of Embezzlement , made ??a deep-seated profiling of the Embezzlement specific meaning and characteristics ; clear of Embezzlement specific range of point directly to the specific content of the object and the occupation of the crime , in theoretical circles there is a big emphasis on the intangibles , intellectual property , real estate , and illegal property several controversial matter whether Embezzlement Crime serious study ; combined with judicial practice , Embezzlement unlawfully takes , amount larger and refusing to return or surrender several statutory objective aspects of characteristics of each discussion and put forward will be legally held as to whether it constitutes the offense objective aspects of the features of the standard ; range around the subject of crime , criminal intent content , the criminal purpose and other key elements of the crime of Embezzlement body and subjective aspects described . Proceeding from the legislative status quo , the theoretical level and judicial practice multi-angle system to study the four elements of the crime of Embezzlement , and strive to be clearly defined judicial adjustment range of Embezzlement , and to draw the boundaries of Embezzlement and other violations of property crime , of Embezzlement theoretical studies provide some useful complement .

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