论侵占罪——兼论刑法第270条的立法缺陷与完善-on the crime of embezzlement - also on the legislative defects and perfection of article 270 of criminal law.docxVIP

ABSTRACTThe crime of embezzlement as a newly--—---in creased new charge of criminal law 1997，there is still much dispute in the academia circles for many years，the ones that are worth probing into are more problematicalin theory．It also has positive and directive significance to the practice and administration of justice．This passage has been trying to expound inheritance，reforms and comparison of the crime of embezzlement legislation as a foundation and further analyze the crime of embezzlement conception and important construction conditions，carry out debate on how to confirm the crime of embezzlement correctly,disclose the crime of embezzlement basic characteristics from all—round and systematical angle and lastly,put forward suggestion of perfection ON its legislation．The full text is divided into five chapters：chapter one，the crime ofembezzlement summary．This includes the crime of embezzlementinheritance，reforms and conception．The former two parts combine with legislation concerned with the crime of embezzlement in the nation’S history and make historical comparison as the crime of embezzlement develops and reforms and finally establish itself in the new criminal lawsystem．The latter part makes comparison as to different explanation of the crime of embezzlement conception and confirms its conception． Chapter two，the crime of embezzlement composition，this part is the core of the text．By mean of thorough analyses and research of e the crime of embezzlement composition，this part points out that the crime of embezzlement objective is public and private possession rights，and the crime target is others’possession which has been authorized to be chargedand others’forgetting things or treasure trove．As to the crime ofembezzlement objective aspects，its action means behavior not fulfillingTTobligations，including possession of something illegally,refusing to return or refusing to hand over and large amounts of something these three basic conditions．Its subjective aspects