Research On The Ascertain Of The Crime Of Invading And Occupying By Duty

The crime of invading and occupying by duty is the behavior that staff members of the company , enterprise or other units,makes use of their duties to facilitate other people, taking the property as their own illegally with large amount. In February 1995, Committee of the National People's Congress have enacted"the decision about committing a crime by violating a law of cooperation", it is the first time to separate the crime of invading and occupying by duty from the Crime of corruption with legislation form. It was really being an independent accusation in the"Criminal Law"revised in 1997. By combing Criminal Law theory with actual judicial practice, the thesis analyzes and discusses the relevance content of the crime of invading and occupying by duty, hoping to provide theoretical guidance for actual judicial practice and supply theoretical basis for legislation perfection by investigation and discussion. This paper is divided into seven chapters, including the concept of the crime of invading and occupying by duty, the elements of a crime composing the crime of invading and occupying by duty, the distinction from other similar crimes and the legislative perfection of the crime of invading and occupying by duty. By expounding the elements of a crime of the crime of invading and occupying by duty, the paper analyzes the application of legal issues encountered in judicial practice, makes recommendations to improve the legislation, and briefly describes the prevention of the crime of invading and occupying by duty.