On The Related Crimes Of Judicial Determination And The Legislative Perfect

With the development of China's reform of the economic structure, the sectors of economy are changing, those other than public ownership have become more and more important and protected by Chinese laws. But frequently , employees and staff do harm to the property of enterprises they serve, which are with sectors of economy other than public ownership, by way of violating, thieving and deceiving . This kind of crime is different from those traditional crime of fraud and theft. In order to attack activities where the employees and staff infringe the ownership of the enterprises they serve by taking advantage of their duties in the new economic circumstances according to the principle of suiting punishment to crime , and improve the legislation system of Criminal Law, the crime of duty aggressiveness is thus set up in the Criminal Law of P.R.C.(revised at 1997), which falls into crimes of property violation. But questions such as the constitution of this crime, differences between the crime of duty aggressiveness and other similar crimes etc. still be puzzling due to ambiguous stipulations and the lack of juridical interpretation. Aiming at settling the abovementioned issues, the author puts forward suggestions on differentiating the crime of property aggressiveness from other similar crimes and improvement of legislation by means of studying its history and analyses of the constitution of this crime.