Study On The Judicial Problems Of The Crime Of Embezzlement

In judicial practice,the difficult problems concerning the crime of occupational embezzlement mainly focus on the understanding and definition of the subject,objective aspect and object of this crime.In the determination of the subject of the crime of occupational embezzlement,it should be distinguished according to the nature of the position of the actor,and the unit clerk illegally possesses the property of the unit.If the actor is engaged in official duties,it constitutes a crime of corruption,and vice versa.The collective contracting relationship existing in the vast grassroots areas is not of a public nature.Therefore,the contractor should assume a cautious attitude as the subject of occupation.Agents play an important role in commercial trading activities,especially the sales agents and units of state-owned enterprises and institutions constitute factual labor relations,and are not subject to the entrusted management and operation of state-owned property as stipulated in judicial interpretation.The company's property should be recognized as a crime of occupation.In the identification of the objective aspect of the crime of occupational embezzlement,the "job" in the "utility of the position" should include the double meaning of "job" and "labor",and the meaning of "business" is more appropriate.The criminal means required for the "illegal possession" of the crime of occupational embezzlement shall be limited to embezzlement and encroachment,and other illegal acts such as theft,fraud,etc.shall be excluded.If the staff of the assembly line illegally possesses the property of the unit,it is a "use of work",which is different from the "use of job convenience" required by the crime of occupational embezzlement and should be recognized as theft.In the determination of the criminal object of the crime of occupational embezzlement,the "property of the unit" should be understood in a broad sense,including the property possessing the actual possession of the unit and the property of the establishment of the company.Property rights belong to the "property of the unit",but the behavior of the company's shareholders invading other shareholders' equity should not be considered a crime.The virtual property possesses property in the sense of criminal law and belongs to the property protected by criminal law.The employees of the network company use the position to facilitate the illegal possession of the virtual property owned by the company,which constitutes the crime of occupational embezzlement.The amount of the identification shall be discussed in different situations.The joint crimes of occupational occupation mainly include "internal and external collusion" and "internal collusion".The "internal and external collusion" type of occupation of joint crimes should be based on whether the joint offenders use the convenience of the position as the conviction.The "inner collusion" type of crime should distinguish between different actors using the nature of their respective positions to convict and sentence.