The Research On The Difficult Problems Of The Post Occupy Crime

Job occupation crime is a kind of property embezzlement crime whichcould dated from early legislation. The name of Post Occupy Crime does notbe existed for a long time in criminal law in China. In real life, The PostOccupy Crime shows the characteristics of complexity, multiplicity andparticularity as many other crimes. In the judicial practice, there are manydifferent opinions about the determination of the Post Occupy Crime. For theconstitution of a crime, the different between the Post Occupy Crime andother similar crimes as theft, embezzlement are not very clear. For thelegislation, there are many deficiencies in the current criminal legislation ofthe Post Occupy Crime in China. The dissertation is consistent of four parts.The first part is including three special case of subject recognizing,taking advantage of one's position and the illegal possession. We analyze the structure and characteristics of the Post Occupy Crime. In the second part, weanalysis difficult problems such as Post Occupy Crime and non-crime,attempted form criminal controversial, common patterns of crime. In order toachieve accurate definite of the Post Occupy Crime, the third part uses themethod of sum comparative to distinguish the Post Occupy Crime and othersimilar crimes boundaries. In the fourth part, we analyze the currentdisadvantages of the Post Occupy Crime lawmaking in China and make somefurther suggestions.