Legal Analysis For Ai's Cases Involved With Acquiring Prescription Drug Through Impersonation

With the deepening of the reform of state-owned enterprises,a series of criminal acts,such as corruption,embezzlement,and so on,have occurred from time to time,and have become the "harder-hit area" of economic crimes,especially in the cases of duty crimes.After restructuring,state-owned assets and private property are mixed with each other,the legal identity of the staff in the enterprise is difficult to determine,and the administrative confusion is caused by the government and enterprise,and the related legal problems are becoming more and more complex.However,due to the carelessness of some details in the articles of criminal law and judicial interpretation and the inconsistency in the application of the law,different views are produced because of the different perspectives of individual analysis of cases.It is easy for judges to deal with specific cases Wandering between different charges.Therefore,the analysis of such questions is very necessary.Through the combination of judicial case analysis and theoretical research,this paper makes a thorough analysis of the behavior of doctors who need to prescribe prescriptions under false names in the process of reform in state-owned hospitals,which is helpful for us to grasp the context of such crimes more clearly.Furthermore,we can grasp the meaning of the legal provisions more accurately,set up an effective theoretical system of prevention and control,and provide a strong guarantee in criminal law for the healthy development of the reform of state-owned enterprises.This article takes the case of false prescription of Ai's case as the breakthrough point,mainly divided into the following five parts:In the first part,The author introduces the cause of the case,the basic facts of the case,lists the different opinions,and on this basis generalizes the dispute focus of the case.In the second part,The author divides the subject scope of embezzlement crime,duty embezzlement crime and fraud crime,differentiates the concept of "entrustment" and "delegate",and analyzes the subject identity of Ai and others in this case.The third part,Starting with the understanding of the term "position",this paper combs the related concepts involved in "utilizing the convenience of the position",and distinguishes between "using the convenience in the position" and "using the convenience in the work".This paper classifies the crime of duty embezzlement from the crime of embezzlement,and on the basis of this,makes a qualitative analysis on the behavior of doctors taking drugs by making false prescriptions.The fourth part,analyzes the understanding of "unit" and "property of the unit" in the crime of duty crime,and defines the object category of the crime of embezzlement and duty embezzlement in the crime of mixed ownership economy.The fifth part discusses how to grasp the specific amount of the joint offender in this case.The last part,discusses how to grasp the specific amount of crime committed by the joint offender in this case.