A Qualitative Study On The Employees’ Behaviors That Use Of Posts To Steal Property After Being Recruited By A False Identity

With the development of economy,the crime of pure relying on larceny and fraud has been unable to meet the need of protecting the rights and interests of diversified market subjects,so the crime of duty embezzlement came into being.Although it has solved some practical problems,at the same time,there are also have new difficulties.In the case of Pengmou applying for a driver to steal company property in a false capacity,the procuratorate,the court of first instance,and the court of second instance have three very different views.That is to say,Pengmou’s behavior should constitute the crime of fraud,larceny,duty embezzlement.In this case,there are two focal points of dispute,that is,the dispute between the crime of fraud or the crime of larceny;the crime of larceny or the crime of duty embezzlement.Crime constitution is the basis of a judgment of guilty.At present,there are two kinds of mainstream theory of criminal constitution,one is the theory of four elements of criminal constitution,the other is the three-class theory of criminal constitution.Judging the case from different theories of criminal constitution may lead to different conclusions.This is also an important reason that caused the qualitative issue of such cases to become the focus of controversy in judicial practice.The article mainly through the use of criminal constitution theory to study the qualitative issues between the crime of fraud,larceny and duty embezzlement.The use of four elements criminal constitution theory to make subjective judgments and then make an objective judgment may introduce the crime of larceny,fraud conclusions.The use of three-class theory of criminal constitution to make objective judgments and then make an subjective judgment may introduce the crime of duty embezzlement.Through the discussion of the case conclued that different criminal constitution theory have a certain influence on the qualitative conclusion of the effect on the same case,and in order to avoid the impact of the incident,it puts forward measures such as maximizing the objectivity of criminal law and other related measures.I hope to provide corresponding reference in the application of laws when dealing with such cases and provide theoretical support for the characterization of cases.