Research On Crime Of Position Encroachment

Crime of position encroachment is a sort of old and important crime of property violation in the whole system of crime of property violation.It's later to start reserching crime of position encroachment in Chinese criminal jurisprudence field,and there is a lot of suspicious problems in judicial practice.This article generalizes ancient,modern,Chinese and foreign legislative history of crime of position encroachment,especially,sums accessory,origin and establishment stages of legislation of crime of position encroachment of New China.The most obvious speciality in this article is,with a lot of current legal provisions and judicial interpretations,analysing searchingly some theoretical and practical problems of Article 271 of Chinese current criminal code,such as conception,constitutive character,criminal responsibility of crime of position encroachment,transformation from crime of position encroachment to crime of corruption,application of law to some special persons,etc.Furthermore,it expresses its opinions to some questions at issue.