Some Problems Related Crimes

Embezzlement is the duty of the Penal Code article, which provides two hundred and seventy of the charges, which provides a: corporate, enterprise or other unit personnel, using their position to benefit, will be the unit of property illegally for himself, than the amount large, five years imprisonment or criminal detention; a huge amount, more than five years imprisonment, to confiscation of property. The charge is 28 February 1995 adopted by the NPC Standing Committee "on the Punishment of Crimes Against the Company's decision" in Article 10 of the embezzlement evolved. 1997 revised "Criminal Law" has the appropriate body to expand the scope of this crime.Articles on related crimes, mainly through an overview of the elements of related crimes constitute the relevant issues related crimes and related offenses differences and links related crimes and attempted form that then finds that the problems related crimes legislation and improve the five parts of the related crimes related issues. Embezzlement by the office to discuss the basic theory, the historical evolution from related crimes, the development process, related crimes in the existing legal provisions and related interpretations to analyze, discuss, and by listing the appropriate cases, related crimes in the proposed judicial practice problems, and the existence of related crimes in the body too narrow and related crimes legal punishment is too low, property related crimes for a single sentence, using his position to facilitate the law is not clear such issues as the corresponding solutions measures. Not difficult to find the ambiguity of the concepts related crimes in the judicial practice of making specific operation is difficult for some special cases there is a precise positioning, resulting in the case of qualitative errors, resulting in the People's Court upheld the "fairness and efficiency" Justice theme is also greatly reduced; do not have a uniform interpretation of standards which make the whole administration of justice their own way around the hospital, but there are similar cases the results of different trials, sentencing imbalance, contrary to the principles of fairness and justice, justice. In the "use his position to facilitate," "unjust enrichment can become the object of occupation," "individual businesses and the self-employed", "build the company's staff" and other related issues clear views and opinions of the author is The innovation of this paper. In judicial practice, more and more job occupation showed the growth of crime trends, types of cases are more complex. And with the deepening of practice, the amount of crime related crimes in the identification and application of the applicable sentencing occurred on a number of blind spots and questions how to solve these problems, a criminal justice occupation duty in the difficult and important. To this end, the author proposes some of their own views and opinions, to question to my colleagues.