Study On The Determination Of The Crime Of Occupation

In the 40 years since China's reform and opening up,with the increasingly prominent market economy,economic types of crime cases have also shown an upward trend.The crime of occupational embezzlement is an illegal act of the economic type that is now very common.This crime usually manifests itself in the illegal occupation and occupation of the property of the unit by the employees of the unit.Today,with the rapid development of society,while the enthusiasm for investing in entrepreneurship is increasing,the crime rate of job embezzlement is gradually rising,and the criminal means are more diversified and complicated.In judicial practice,the occupation of duties is occupied.Sin has produced many difficult points.To this end,the author analyzes the historical evolution and constituent elements of the crime of occupational embezzlement as a starting point,and then analyzes and discusses the difficult problems concerning the crime of occupational embezzlement,hoping to help advance and solve the dilemmas faced in current judicial practice.The full text consists of four parts.The first part of this paper is the legislative evolution part of the crime of occupational embezzlement.This part first introduces the historical changes of the crime of occupational embezzlement in China,and then based on this,according to the provisions of the current criminal law,the concept of the crime of occupational embezzlement is conceptually determined,thus explaining the practical significance of the crime of embezzlement of duty from the crime of corruption.The second part of the thesis analyzes the constituent elements of the crime of occupational embezzlement one by one.The first is the object of the crime of occupation and the object of crime.The author draws his own doctrine by combing different theories,that is,the crime is a complex object.For the criminal object of this crime,the author enumerates several kinds of confusing property in judicial practice for analysis,hoping to accurately identify the criminal object of the crime.Then it analyzes the objective aspects of this crime,and determines the disputes over the use of the position and the analysis of the possession,and hopes to correctly define the objective aspects of this crime.In the subjective aspect of the crime of occupational embezzlement,it focuses on the understanding of the true meaning of "illegal possession" and the judgment of the time of illegal possession.In terms of the subject,this article explains the concepts of "company,enterprise" and "personnel" of the crime separately and discusses several common but easily confused"persons" from the judicial point of view.I hope that I can help the people who correctly identify this crime in judicial practice activities.The third part is that through the analysis of the previous article,it is found that there are mainly the following main problems in determining the crime of occupational embezzlement in practice:the legal benefits protected by the crime of occupational embezzlement are not clear enough,and the scope of "company,enterprise or other unit property" is not clear and "The problem of judicial definition in the purpose of illegal possession.The fourth part is to propose several ways to improve the crime of occupational embezzlement.In the previous analysis of the problems found in the crime of occupational embezzlement,I put forward some suggestions on her own,which are to clarify the possession mode of occupational occupation,to clarify the principle of disciplinary action under the crime of occupation of occupation and other crimes,and to improve the statutory penalty and sentencing standards.I hope that I can contribute to the improvement of criminal legislation and the accurate implementation of judicial practice activities.