Analysis Of Job Occupation Crime Constitutions

The "Tatbesttand" is that a crime is to be consistent with the type of violation by the provisions of "the criminal law". Combined with "the criminal law"271st paragraph1, The "Tatbesttand" of The Post Occupy Crime can be explained that Staff who work in compannies, enterpriese and other units take advantage of one’s position and illegally posses the relatively large amount of the unit property. So the paper will analyze "Tatbesttand" of The Post Occupy Crime from the following four aspects:"taking advantage of one’s position","the unit property","illegally posses" and "the relatively large amount"The "position" in The Post Occupy Crime includes "the nature of Management work" and "the nature of Service work", the content of "position" is "administering, managing or handing"property. Defined of the nature of "position" should be "substantial standard". A review on the criminal law should be adhere to the objective judgements preceding subjective judgements in logic.The Post Occupy Crime means including but not limited to the embezzling, stealing and cheating methed. The unit property should be reduced as " unit occupies property and property interests", including legal possession and illegal possession of two cases."The relatively large amount" should be defined according to the criminal gaining amount and the criminal involved amount. The calculation of criminal amount should be done according to criminal theory, combined with the judicial interpretations.