Research On The Problem Of The Crime Of Occupational Embezzlement

The provisions of the crime of embezzlement in our country are more general and lead to differences in the understanding of the various elements of the crime in theory and practice,and lead to different judgement on the same case.According to my only 5 years judicial work experience,I found that there are the following main problems in the practice of embezzlement: First,the main scope of the crime of embezzlement,whether the shareholders of the company,the temporary workers can become the crime of embezzlement.Secondly,the crime of embezzlement as a property crime,and other property crimes such as theft,fraud,misappropriation of funds and other charges there is a natural internal relations and commons,leading to practice easily confuse the crime of embezzlement and theft,Fraud,misappropriation of funds,such as courier stolen behavior is to use their duties to facilitate the occupation of things,or the use of work to facilitate the implementation of theft,such as the use of flat money from the company account to withdraw money from the company account Behavior is the occupation of the appropriation or misappropriation of funds,etc.how to accurately distinguish between this crime and other crime,we need to distinguish each crime constitute,this bring some challenges to the judicial workers;again,Involving some economic disputes,such as employees due to the company in arrears of wages and corporate property For their own,because the equity dispute will be the company's property for their own,and so on,which how to determine the purpose of illegal possession of the distinction between the crime of embezzlement and non-crime of the key.Finally,the amount of the crime of embezzlement is determined,is to take the actual loss or profit,said there are controversy in practice.The purpose of this paper is to provide a reference for the correct identification of the crime of embezzlement by combining the actual case and related academic viewpoints.The text of this paper is divided into five parts.The first part is the subject of the crime of embezzlement.This part of the crime of embezzlement from the main body of the legislative evolution,from the legislative point of view to deduce the main body of the crime of embezzlement should include companies,enterprises or other units from the staff engaged in job duties,and the practice of controversial several special personnel Whether it belongs to the crime of embezzlement crime crime analysis.The second part is the duty of embezzlement in the "use of office facilities" identified.Accurate distinction between job convenience and job facilitation is the key to the identification of charges of embezzlement and theft,fraud and other related charges.In practice,how to distinguish between job convenience and work convenience Many scholars have put forward their own set of methods,but it is difficult to have a universal,and therefore we need from the job characteristics,content to accurately understand the "position ",Combined with the relationship between the behavior of people and property to determine the focus of the process of handling the property there is no other people to closely monitor the property as a distinction between job convenience and job convenience key.The third part is the question of the purpose of "illegal possession" in the crime of embezzlement,and whether the perpetrator has the purpose of illegally occupying is the core of the crime of embezzlement and non-crime.To determine whether the perpetrator has the purpose of illegal possession requires us to judge from the objective behavior of the perpetrator,taking into account the behavior of the perpetrators of possession of money,the whereabouts of funds,afterwards and whether the ability to repay after the existence of illegal possession of the purpose.The fourth part is the question of the amount of identification.This part is mainly on the sales of the salesperson to increase sales,private business after the award will be part of the money in accordance with the provisions of the company to reward the amount of employees to determine the amount of analysis,that the crime of conscription crime should be based on the actual loss The The question of the amount of each criminal in the joint crime is not in the scope of this thesis.The fifth part is to put forward several ways to improve the crime of embezzlement.In the previous analysis of the issue of the crime of embezzlement to make their own suggestions,respectively,for the specific meaning of the job,the occupation of occupation of occupation,the principle of disruption,improve the statutory penalty.