Research On The Judicial Practice Of The Crime Of Embezzlement

In judicial practice,problems about embezzlement mainly focus on the object of this crime,and define the subject and objective understanding of the object.The units of property ownership and the honesty of the trust relationship is embezzlement,the two indispensable.Network virtual property can be the object of crime of embezzlement.For embezzlement in the "post" scope,not limited to the use of management,labor,sustainability objective,external form is discussed,and the "non management","temporary" and "authorized" business is excluded from the scope of duties,should be based on whether the with the invasion of embezzlement of"honesty and Credit Trust" the possibility of object as a guiding principle,those who do not have the possibility of infringement object,does not constitute embezzlement;the object of infringement is possible,then The analysis should be "the behavior of people who are engaged with control of affairs,occupation of the unit property dominance,control,domination is embezzlement of duty;do not have control,domination does not belong to the duties of embezzlement." take advantage of duty"is the key to that position the crime of embezzlement,honesty and credit trust relationship based on the behavior of people to control the property of the unit in the transaction process,dominant position,and is obligated to ensure the control,under the control of the unit property from infringement obligation,such as the behavior deviated from the obligation to control the disposal of the property units the position of the unit will be accounted for the illegal property has to use his position to facilitate the illegal possession.That occupation,to occupy a broad understanding,its behavior and means including occupy,steal,cheat Other means.In judging whether a person for the company,enterprise or other unit personnel,and whether it should not adopt the unit signed this form of labor contract standard,and should be based on the business unit should bear the responsibility to make a substantive judgment,as long as the behavior is actually engaged in the company.The enterprise or other unit personnel engaged in the business,it should be identified as the subject of this behavior.