Embezzlement And Theft Of The Judiciary Points

Property has always been the people chased.There are many ways to obtain property, through their hard work in exchange for money to support his family, there are also want to through unearned gain wealth by means of cheat,steal.Naturally,which punishment by law is those who illegally obtain money.With the development of economy, logistics industry boomed as,exist some staff in enterprises and institutions through illegal means to violate the interests of the unit.Law is to punish crime and protect the interests of the people’s property,but because of the flaws of the law in practice, there have been some problems, for example, the distinction between job occupation crime and theft of confusion.This paper is trying to analysis the problems and make the argument between crime of official embezzlement and theft in the judicial practice, trying to find out the distinction between the two, and proposes some own humble opinion, in order to shed light on two crime in the judicial practice difficult problem.This paper is divided into four parts, about 18000 words.The first part is the introduction to the case.The case of this article mainly describes the defendant driver Chen was illegally possess the property during the transportation.At the trial of the offender crimes qualitative problems generated controversy,the argument is that the cognizance of driver Chen identity, the nature of the Chen behavior, whether transport property belonging to the unit property.The second part.This part analysis the contention in the perspective of theory.carries on the analysis to the above argument from the angle of theory.From the view of the crime constitution of job occupation crime discusses the controversy related content, and trying to find out the relationship between job occupation crime and theft.The third part.This part is the conclusion of the case.Based on the analysis of legal basis, analyze the case and come to the conclusion. Thinking Chen constitute job occupation crime is not stealing.The fourth part is the enlightenment of the research of the case.This part combined with some problems found in the process of case,an analysis and put forward combining with the current judicial practice put forward the specific meaning of the "clear" post "", " improve the sentencing of job occupation crime ", "clear job occupation crime behavior" advice,in order to solve the problems in the judicial practice.