On Judicial Recognition Of Job Occupation Crime

The crime of official embezzlement is embezzlement divide from a new crime, ourcountry criminal law into special type of crime against property for. The crime of officialembezzlement in the law have some flaws and shortcomings, theory of the crime in thecriminal conviction and sentencing, and other related charges of embezzlement and thedistinction between especially have different and even opposite views, the operation is alsoeasy to the crime of official embezzlement and corruption are confused, has yet to have a aunified standards to regulate.This article aims to the judicial practice in the real case--Zhang Mou, Liu Mou ofofficial embezzlement case, a clear point of dispute of a case, in point of controversy for adetailed legal analysis of judicial practice, the intention to indicate a reasonable standard, thusmakes the case for trial and judgment is fair.This paper explains Zhang Moumou, Liu’s crimes, prosecution and trial listed three partyclaims and opinions, introduced Zhang Moumou, Liu job-related embezzlement case the case.According to the prosecution and trial three opinion, what is crime of corruption or crime ofduty encroachment, refines the cases of three main points of controversy--Zhang Moumouidentity qualitative, in this case the crime object and a certain whether the use of his positionto facilitate the. Then, according to the case of controversial points detailed legal analysis.Analysis mainly from the three aspects, one is the crime of corruption and the subject of thecrime of duty encroachment cognizance, two is the corruption crime and crime of officialembezzlement crime object, three is" using functionary power" understanding. On the crimeof corruption and crime of duty encroachment of main body cognizance analysis first statedthat the subject of the crime of embezzlement is the only state personnel and state-ownedunits commissioned by the management, operation of state-owned property, the subject ofcrime of official embezzlement is a company, enterprise or other unit staff, but in this case acertain guard work neither state owned units in public, not commissioned by the management,operation of state-owned property, does not constitute the subject of corruption andembezzlement duties subject. On the crime of corruption and crime of official embezzlementcrime object of analysis to explain the crime object mainly for public property, and the crimeof official embezzlement crime object is the behavior of one unit of property, mostly privateunit property, may also be state-owned property. The object of crime is a transportation company management the paper company all property, to storage and transportation companyproperty, namely public property. On" taking advantage of his position", from the author of "duty"," taking advantage of his position,"" using functionary power" levels of understanding,clear job embezzlement "functions" includes both official also includes labor," takingadvantage of his position" is different from" work the convenience"," taking advantage of hisposition " forms not only is individually used his position to facilitate. In this case, ZhangMoumou ganged Liu use its service work formed by taking advantage of his position to theunit property illegally occupied it, though not required with corruption crime by takingadvantage of his position, but belong to the crime of official embezzlement refers to theadvantage of his position. In order to draw final conclusions, Zhang Moumou Liu should beset for the crime of duty encroachment.