Journal of Northeastern University(Social Science) ›› 2014, Vol. 16 ›› Issue (4): 407-412.DOI: -
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CHEN Hongbing
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Abstract: Common theory tends to misinterpret such embezzlement elements as the subject, the object and the way of act. Forgotten things include lost property, but should not be extended to cover occupations that are out of possession. Except forgotten things and buried things, the occupations out of possession can be interpreted as “others property in commendam”. The denotation of “duty abuse” in duty encroachment is narrower than that of corruption, and the ways of act do not include stealing and cheating, which should be defined as personal occupation of businessbased property. The staff obtaining corporate property by stealing or cheating will be found theft or fraud. According to such articles as No.270, No.271 and No.382 in criminal law, an encroachment system with a successively aggravated legal punishment has been set up, which covers such crimes as outofpossession occupation, business encroachment and official embezzlement. Possessing property entrusted is involved with the illegal identity, businessbased property occupation is concerned with the responsibility identity, and owing property of public duty belongs to the identity of double responsibility.
Key words: embezzlement, duty encroachment, corruption, element
CLC Number:
DF636
CHEN Hongbing. Common Theorys Misunderstanding in the Elements of Embezzlement 〓[J]. Journal of Northeastern University(Social Science), 2014, 16(4): 407-412.
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