On Duty Crime "Used His Position To"

In the criminal law of the People's Republic of China,"take advantage of one's position" as one of the constitutive requirements for the crime of corruption,bribery,duty embezzlement and other crimes,has specific connotation and significance and in different charges,due to China's specific national conditions and judicial practice development,the the specific connotation and extension are also different.In theory,the understanding of "take advantage of one's position" also has big difference,which affects the cognizance and punishment of each charge in the judicial practice.Since the duty crime harm is bigger and bigger,the subject of crime is more and more,reached basic agreement of "take advantage of one's position" and standardize the meaning from the system has great significance for promoting China's criminal law against duty crime.This thesis has six parts,the first part defines "take advantage of one's position" scientifically from the general meaning,analysis of the difference of the related concepts about duty and labour service,public service,staff convenience and working convenience,concludes the correct understanding on duty and convenience of position.In the second part,Starting from the legislative status of China.come to a conclusion that the connotation and denotation Continue variation on the "take advantage of one's position" in each duty crime.And take contrastive analysis analysis of China's criminal law on the deficiencies of the regulation by reference to foreign legislation on the concept of expression.in the third part,take systematic analysis on "take advantage of one's position",clarify the prerequisites? methods ?subject and object for "take advantage of one's position",restore the elements of the "take advantage of one's position" should have in the sense of criminal law as far as possible.The fourth part choose Several common crime such as the crime of corruption,bribery crime,duty embezzlement and combine the cases In the practice of judicial to summarize the problem which still exist in "take advantage of one's position" in the crime,come to the conclusion that manifestation is the key elements to understand "take advantage of one's position" The fifth part summarizes the full text,and puts forward the understanding and thinking about "take advantage of one's position".