Discussion About The Cognizance Of Job Occupation Crime

The time that job occupation crime is punished in our country by the criminal law is very short.With our country economy development, economic type crime increased rapidly. In order to decrease the crime, the new criminal law of our country in 1997 separated a new crime from the corruption, namely job occupation crime.It plays animportant role in self-evidentfor the protection of the company, and unit property. But with the further development of economy, it's complexity and diversity characteristics lead to the inconvenience in the judicial practice. And in our criminal law provisions, we can know it exists a series of defects. So, in order to make up the shortcomings in the course of job occupation crime, we need to comb the systemand constantly improve its content in China's criminal law to guide the judicial practice. The full text is divided into five parts. The first part of this article is an introductionto the job occupation crime of embezzlement. First, this part introduces the history of job occupation crime in our country changes, and then on this basis, in accordance with relevant provisions of the criminal law, the concept of job occupation crime, the interpretation of job occupation crime by stripping out the practical significance of corruption.In this paper, the second part is the object of job occupation crime and criminal object. By combing the different theories, the author comes to his own theory that the crime is a complex object.For the object of the crime, the author lists some of the judicial practice in the easily confused property analysis, hoping to accurately identify the object of the crime.In this paper, the third part mainly studies the objective aspect of this crime, to position the cognizance of the connotation, lean on the manifestation and illegal means to form analysis, hope to be able to correctly define the crime objective aspect.In this paper, the fourth part mainlydiscusses the subject of job occupation crime, the practice of "company," concept of the "personnel", respectively, and from the perspective of judicial interpretation to discusses the several common but easy to confuse the cognizance of "staff".In this paper, the fifth part mainly research the subjective aspect of job occupation crime, mainly discusses the indirect intentional constitute this crime situation and the true spirit of the "for the purpose of illegal possession".Through the analysis of the above, I hope it can give the perfection of criminal legislation and judicial practice of accurate to make a little contribution.