Research On The Objective Aspects Of The Crime Of Duty Embezzlement

The crime of official embezzlement has been sentenced in my country for a relatively short period of time.With the continuous development of my country's economy,economic crimes have increased rapidly.In order to better combat crimes,my country's new criminal law in 1997 separated a new crime from the crime of corruption,namely,duty.Crime of embezzlement.There is a clear provision in Article 271 of the Criminal Law.The crime of occupational occupation refers to a kind of illegal crime committed by the relevant staff of a company or enterprise and other work units through the convenience of the staff's own duties.This illegal and criminal act is a criminal act of appropriating a unit's relatively large amount of property.Looking at the job crime from the big point of view,it can be divided into two parts,the narrow sense and the broad sense.What cannot be ignored is that the job crime in the broad sense is particularly harmful to society.Therefore,to look at this crime of embezzlement from an objective perspective,the criminal perpetrator uses his own convenience to form the established facts of the crime,regardless of whether it is determined or caused by the distinction between the crime of theft,etc.,it is necessary The judicial practice department adopts more scientific and reasonable methods to make judgments.In particular,it is undeniable that the crime of occupational embezzlement belonging to the economic type has also shown an upward trend in the overall criminal cases along with my country's increasingly developing market economy.Therefore,the methods and methods of crime have also changed even more.Complexity and diversity.It is precisely in this way that the research of this subject combines the theory and practice of criminal law and justice.At the same time,it also takes the two as the starting point and foothold.Through continuous in-depth exploration of the relevant research content of the crime of occupation,it is hoped that it can be used in criminal law theory.And provide certain research basis in judicial practice,and better improve related practice and theoretical shortcomings.The full text has four parts.The first part is the general part of the crime of occupational embezzlement.This part first briefly introduces the historical changes of the crime of official embezzlement,and on this basis,elaborates the status quo of legislation that is separated from the crime of official embezzlement,as well as the current judicial research methods and significance of the crime of official embezzlement.The second part is the elaboration of the status quo of judicial confirmation of the crime of occupational embezzlement,and disputes on the objective determination of crime of occupational embezzlement in judicial practice.The author separately listed several cases of occupational embezzlement crimes and judicial statistical data,and analyzed in detail the status of judicial determination in terms of "use of the convenience of the position","illegal occupation as existing",and "amount".And put forward some problems in the objective aspect of the crime of occupational occupation.The third part reviews and analyzes the disputes in the objective aspect of the crime of occupational occupation.First of all,the author made a detailed analysis of the meaning of the term "post",and combed the views of the academic circles on the crime of post embezzlement.Then the author elaborates on the different views held by different scholars on the above disputes,evaluates and analyzes the advantages and disadvantages of different views of different scholars.The fourth part mainly studies the identification of the objective aspect of the crime of occupational occupation,and puts forward the viewpoint of perfect identification of the crime of occupational occupation.It focuses on the author's viewpoints on "use of the convenience of the position","illegal occupation of existing",and "amount".And through the above analysis,the author puts forward opinions on the improvement of the legal system of the crime of official embezzlement,hoping to make a little contribution to the accurate conduct of criminal legislation and judicial practice.