A Number Of Issues. Employment Crime Study

Crime on employment refers to one kind of special crime, in which the employee commits a crime independently or cooperating with the employer in the intention of the employer and on the basis of some specific benefits supplied by the employer. In recent years, the cases of employment crime are increasing and rising gradually. However, the Criminal Law does not provide clear stipulation on employment crime, leading to a variety of contradictory judicial practice decision one after another, but also greatly affect the prevention and governance of such crimes. On the basic analysis of employment crime's concept, the article, analyzes the characteristics of employment crime, the legal character and nature of crime,and studies the surplus behavior of the crime, the patterns of the crime ,and the criminal responsibility of employer s and employee. Based on the analysis of the causes of employment crime, the paper gives many prevention and control measures and proposals. The paper launch on four parts:Part one: Introduces the crime of employment history, concepts, characteristics, legal characteristics. Through comparative analysis of different employment crime, the author think that, Crime on employment refers to one kind of special crime, in which the employee commits a crime independently or cooperating with the employer in the intention of the employer and on the basis of some specific benefits supplied by the employer. Crime of employment, this compensation is not limited to money, which can be employed for all kinds of valuable things. Employment is not a crime the way can be composed, can be subjective and indirect intent. Units can also be the subject of employment crime.Part two: Describes the nature of the offense of employment, the author believes that employment of crime and common crime, abetting the crime, perpetrator and others have indirect distinction. Practice should be done according to the different circumstances of the case specific analysis.Part three: The main crime is found in the employment some of the more complex issues: surplus behavior of the crime and he patterns of the crime. In the Issue of surplus behavior of the crime, to incite to analyze the content is clearly practiced under different situations are limited, content and implementation of content and inspired different from the situation, the occurrence of unplanned result of increased occurrence of the result, and the other from the means, guilty in the case of conversion of the issue were analyzed. Problems in the employment patterns of crime, clearly a crime of employment preparation, attempt, suspension and accomplished issues were analyzed.Part four: Analysis of crime in the major employers in hiring, employment and criminal responsibility of those who transferred employment. Constitute crimes under the employment of common crime to crime in different employment situations of both criminal liability, constitute a principal employer, accomplices and abettors in-depth analysis of the situation.