Make Use Of The Duty Convenience In Criminal Law

"Using the convenience of position"and related concepts are mentioned in 16 cases in our country's criminal law.As an objective element of crime,it is one of the essential elements of corruption and bribery crimes.It is also the crime of occupying occupation and other crimes.The difficulty lies.The author's journal articles searched from China's online knowledge are mostly about the use of the convenience of the position in the sin,to abandon the theoretical inquiry,or to separate the enumeration of cases,and whether it is the academic or practical system.Understanding the"utilization of job convenience"is highly controversial,so it is necessary to delve into this complex issue.On the basis of a comprehensive analysis of the relevant theories of"utilizing the convenience of position",this paper draws out three key crimes and focuses on the discussion.Through comparative analysis,clarifies the similarities and differences,finds the existing judicial identification diff-iculties and common problems,and proposes relevant Improve the recommendations in order to better provide theoretical guidance for criminal justice."Using the convenience of the position" as the behavioral element of some typical duty crimes in the criminal law of our country is an essential element of these crimes.At present,there are still many differences in the definition of the concept between the theoretical and practical circles.China's criminal law and related judicial interpretations have not been elaborated.The various interpretations have caused a series of problems.For example,multiple interpretations have violated the principles of the criminal law system,causing this crime and the part of the crime and the sentencing to be slightly distorted.The theoretical research on this issue is mostly to put this behavioral feature into a specific sin,and rarely elaborate on this issue.When"using the convenience of the position"in understanding the crime of occupational embezzlement,most people in the academic circle and judicial practice refer to the two high judicial interpretations,and interpret the requirement as"the power and convenience of using the position to supervise,manage,and handle public property."However,in the understanding of"utilization of the convenience of the position",the crime of corruption emphasizes the nature of a power.The advantage of using the position in the crime of accepting bribes emphasizes the relevance of a position and the act of accepting money.The use of duties in the crime of occupational embezzlement pays more attention to the state in which the agent directly possesses the property based on the business relationship.Therefore,there is a big controversy both in theory and in practice.The objective behavioral means of the crime of occupational embezzlement should be equivalent to Corruption is still only a kind of"encroachment"is the problem that this article focuses on.The author will systematically introduce the connotation and extension of the second part of"utilization","duty"and"convenience".The third part combines the characteristics of corruption crime,duty embezzlement and bribery crime.And specific examples to deeply analyze what is"utilizing the convenience of the position",clarify how to determine the convenience of using the position in the specific case,point out the existing difficulties in the specific crimes,and finally put forward the perfect suggestions for the difficulties in the judicial determination.This paper breaks through the narrowness of the sin vision,and uses the method of comparative research to discuss"utilizing the convenience of the position"as a whole,combining the current hot case cases,using examples to explain the theory,looking for problems in actual cases,and looking forward to special The form of the clause proposes a solution to the problem.At the same time,the author enriches the specific connotation and extension of this element through the analysis of the meaning of"utilization of bribery crimes","acceptance of bribery crimes"and"accomplishment of duties",and proposes that this element should be identified.The method finds the problems existing in the specific crimes,and then proposes some suggestions for reconstructing the use of convenience in the criminal law.I hope that through the introduction of this system,"Using the convenience of the position"can have certain practical significance for judicial practice.