Related Crimes In The Judicial Determination Analysis Of Some Difficult Problems

Job occupation crimes, is an ancient crime against property ownership, present in ancient and modern laws. Embezzlement is the duty of China's economic development legislative history of enrichment and embodiment of experience from scratch, from the imperfect to the relatively complete development process. Legislative History from related crimes can be seen that the nature of related crimes on private property ownership is not only an infringement, but also the integrity of the unit acts of infringement of duties. As a typical crime against property, related crimes and other crimes against property has a natural internal relations and common, resulting in easy to confuse the judicial practice, this can easily be confused with the related crimes of corruption, fraud, theft charges of embezzlement and other crimes and the inherent differences between similar analysis for the correct understanding of related crimes provide useful help.From the legislative intent and provisions of the Meaning of the departure,draw the following basic conclusions:Related crimes in the "company, enterprise or other unit personnel", in principle, rule out the identity of national staff, the response to a broad understanding of the principal; related crimes against the object, should be strictly limited to "all units of property" and should not including corruption in the public property as specified in the property; whether formal or casual workers or contract workers, as long as the behavior of people who use their own areas of responsibility, the unit has a certain property rights and implementation of the act of usurpation, that is "Using his position to facilitate";"Illegal accounting for the existing" must be subjectively aware of all the property of this unit, and with intent to account for their all, the objective of all of the unit carried out the illegal occupation of property for the existing behavior.