Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule

Of Embezzlement problems of

Author XiongJian
Tutor LiJian
School Southwest University of Political Science
Course Criminal Law
Keywords Embezzlement Encroachment behavior Other people's property Difficult problems To take custody Lost Property Refusing to return or surrender Judicial practice Existing criminal law Issues
CLC D924.3
Type Master's thesis
Year 2005
Downloads 264
Quotes 1
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Of Embezzlement is an ancient and today still common multiple of the crime. China's 1979 Criminal Code, and later separate criminal, none of the provisions of this crime. Amendments to the Criminal Code in 1997, the legislature learn from foreign experience in criminal legislation, and according to the situation and needs of our society, the addition of Embezzlement. At present, the theoretical circles of Embezzlement, made a lot of theories and insights, but there are also a lot of controversy. Practitioners have a different understanding of the many difficult problems that exist in the judicial practice and practice is not conducive to the coordination and harmonization of the legal system. Therefore, the writing of this article has highly targeted, more obvious theoretical and practical significance. In this paper, a comprehensive analysis, systems analysis, and comparative analysis of the method to carry out research and theory with practice. The basic idea is based on the existing criminal law provisions of Embezzlement relying on a study from the theoretical and practical aspects of Embezzlement in the theory and practice of certain problems, and trying to be innovative, to accurate, comprehensive of Embezzlement to understand and grasp. The text is divided into five parts, about 50,000 words. Macroeconomic framework and main content of the papers is organized as follows: Part I: Embezzlement target range. Embezzlement objects according to the provisions of the criminal law, including the provisions of paragraph 1 of Article 270 of the Penal Code to take custody of the property of others \First author in the section on \Again, make a correct understanding of the meaning of the objects buried. Finally, the ability of several special property of the real property, knowledge products, illegal property of Embezzlement object for analysis. So as to lay the foundation for the later part of the exposition. Part II: definition of encroachment behavior. Embezzlement in the objective aspect of the perpetrator own has been an objective property of others held by the illegal occupation of the existing, large amount of behavior, refusing to return or surrender, that the occupation of behavior. Identified Embezzlement, most fundamental to the correct definition the occupation of behavior. The part of the core of this article. First of all, I pointed out that the occupation of the nature of the behavior is to \Secondly, I pointed out to constitute encroachment behavior must meet three conditions: the lawful holder encroachment conduct constitutes premise; refusing to return or surrender of the occupation of conduct constitutes the core or essence; based on unlawfully takes some essential less subjective conditions. Against the encroachments of behavior constitute some of the problems in the conditions, I be fully discussed. Finally, against the encroachments of behavior identified. Encroachment behavior is different due to the different provisions of paragraphs 1 and 2 of Article 270 of the Penal Code the crime object, therefore, focus on the author based on the occupation of the different objects to take custody of the property of others from the point of view of the judicial practice of encroachment, encroachment forgotten material and usurpation

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