The Qualitative Study Of Ceiminal Law On The Possession Of Premises By The Senior Manager Of The Non State Owned Enterprises

A huge amount of non-state enterprises create enormous economic benefits,and they play a vital role in the continuous growth of the socialist market economy.However,there have been a lot of work-related cases in which senior managers are against the administrative orders of operation and management by taking advantage of their powers and authority of office.At present,the legal theory and practice circle are debating this the legal characteristic of such acts,mainly including the boundary between the guilty and the innocence,as well as the boundary between two similar and contentious crime.This is the main reason why the current judicial practice applies the crime of misappropriation or the crime of misappropriation of funds to the act,resulting "different judgments in the same case" phenomenon.Considering the current laws and judicial interpretations,it is necessary to establish a unified standard of behavior determination by analyzing and clarifying the specific facts and circumstances of the case on the basis of jurisprudence in order to make an accurate judicial judgment on such behaviors.So,this paper combines the theory of criminal constitution to analyze the qualitative behavior of managers in non-state enterprises who occupy the property of the unit and draw a conclusion,in order to provide theoretical guidance for judicial practice.This paper is divided into five parts.The first chapter is the preface to introduce the academic objective and intellectual merit of this thesis,seriously ascertaining what to research on and what best means are.The brief case introduction and the focus of the dispute is key things in the next chapter.Through the case study and the focus of the dispute on the act to possess the commercial residential house,the thesis analyzes two critical legal debates about whether this special act is a crime and which crime it is.The third part is the analysis to theoretical logic on the provision of law and criminal justice of the crime of embezzlement and misappropriation of funds involved by the case,discriminates the dividing line between the crime of embezzlement and misappropriation of funds,mainly helping to supplying a theoretical foundation for the thesis research.The fourth part is the conclusion of this paper.Based on the jurisprudence analysis and practical identification of the case,drawing a conclusion that the act to possess the commercial residential house should not be identified as the crime embezzlement or the guilty of misappropriation of founds,in fact,this act is not a crime.This case gives rise to thinking,in order to provide suggestions for the properties analysis of the state enterprise senior managers possessing the commercial residential house in judicial practice.