On The "use Of Convenience In The Position" In The Crime Of Occupation Of Occupation In China

When Tong said China's criminal law theory in defining the embezzlement of "taking advantage of his position," meaning, interpretation, or simply copy the crime of corruption, or the only way to simplify the extension of its discrimination, the lack of explanation of its meaning and finds causing judicial practice express employees steal package behavior, behavior of semi-finished production line stole, theft of property units in the security units while on duty and other acts whether "advantage of his position," the controversial impact of the judicial authority and the applicable Unite. In this paper, embezzlement is a unit violated property rights(narrow) and the integrity of official conduct dual legal interests as a guide, embezzlement is not transferred to obtain possession of the property type of crime is the logical starting point, think of this crime, "taking advantage of his position " pre-existing means between the perpetrator and the property units a possessive relationship, this relationship is possession relationship based on domination and control powers and responsibilities of the post units and the unit of property formation.