A Study On The Determination Of The Crime Of Embezzlement

Criminal law as a development sector is relatively mature discipline, all aspects of its theoretical discipline than other sectors more perfect, but the prosperity of the theory does not necessarily react in the judicial practice, many theoretical guidance reality is not well. On the one hand, the judiciary can not be timely follow-learning practitioners abreast of the latest trends in theory. On the other hand, legislative and judicial interpretation of the vagueness of the law leads to produce this kind of interpretation.In this paper, the problem of judicial practice finds embezzlement found as the starting point for a comprehensive analysis of related crimes, combined with the case in the field of courier appeared on the practice appears codefendant different sentence for this crime is difficult to identify issues such profound analysis. By the historical evolution of embezzlement and compare it with other related charges, analyze the legislative purpose and the protection of legal interests that embezzlement is not just for companies, enterprises and units to protect property, but also because of his maintenance, labor relations The company formed, companies or other entities with employees, labor relations officer of the Trust to ensure that positions the integrity of the labor act. And on this basis the constituent elements of this crime, "used his position" and meaning "of the unit property" interpretation and reconstruction. This paper argues that the crime of "using his position" and the embezzlement of "used his position to" distinguish, this sin of his position includes both job behavior also includes labor behavior, behavior in labor with no distinction whether management Nature, in the broadest sense explanation from his position; this article also on the "property of the unit" re-interpretation of that company, enterprise or other unit management, use, lease, during transport, or call it in fact belong to the company, enterprise or entity controlled property, although not part of the unit at all, but still finds the crime object-oriented. At the same time when the interpretation of these elements demonstrate ways and arguments are also unique. In this paper, to analyze the interpretation of embezzlement constitutes been interspersed with a variety of cases, and in cases of delivery areas appear mainly elaborated on the basis of theoretical analysis of these cases were summarized appear in this crime problem identification process the reason. Finally, draw conclusions and propose to improve the judicial interpretation of the crime proposals.