A Study On The Boundary Between The Crime Of Embezzlement And The Crime Of Official Embezzlement

It is difficult to grasp the identity of the subject of corruption in judicial practice,among which the representative is the identity of the rural grassroots organization personnel.There are different opinions on the determination of whether the rural grassroots organization personnel should be convicted of the crime of corruption or the crime of occupation by taking illegal means to embezzle public property.In this paper,through the in-depth analysis of the case of Office Embezzlement of Wang and others,and taking this as an example,the legal basis and theoretical point of view involved in the case are empirically analyzed.Starting from the constitutive elements of the two crimes,the criminal acts of Wang and others are analyzed,and the defendants involved in the case should be convicted of corruption or Office Embezzlement one by one and the reasons are analyzed.Finally,the defendant involved in the case should be convicted of embezzlement or Office Embezzlement one by one Combined with the concept of the two crimes,the elements of the crime and the difference and connection of the two crimes,this paper makes a general comment on the core controversial focus of this case,and then puts forward personal thinking and suggestions on the boundary between the two crimes.The paper is divided into four parts,about 20000 words.The first part is the introduction.Including the research background,significance and research methods.The second part is the brief introduction of the case and the focus of the dispute.Based on the data of the whole case,this paper makes a brief statement of the case of Wang and other officials' occupation,and points out the core dispute focus of the three parties in the case.The third part,case analysis and application of law.This part takes the case of Wang and others' occupation of office as an example,which mainly involves two aspects: the subject identity of three defendants and the property nature of the property infringed by their acts,and then analyzes how these elements affect the crime of conviction and punishment of the actor involved in the case one by one.Through the comparative analysis of the legal knowledge involved in the case and the applicable provisions of the relevant laws,the author finally makes an overall evaluation of the case.The fourth part,thinking and suggestions.Combined with the analysis of the case of Wang and other officials' occupation,this paper puts forward some thoughts and suggestions on the boundary between the crime of corruption and the crime of occupation.