| With the continuous development of social economy,the probability of duty embezzlement also increases correspondingly,the judicial determination of this crime in the complicated cases is often difficult,because there are many theoretical disputes of taking advantage of the duty convenience,the objects of illegal occupation and possession,the means of illegal occupation and the other factors,especially the duty embezzlement and the theft is often difficult to distinguish,related cases in the express industry occurred frequently.This thesis starts from the typical dispute cases of judicial determination of duty embezzlement,and analyzes the key points of judicial determination of duty embezzlement by stealing systematically from the perspective of legal theory,then analyzes its difficulties of judicial application.This thesis is divided into four parts.The first part is for the introduction of the thesis,introduces background and significance of the selected topic,literature review and research methods,also research ideas on that basis in detail.The second part is the introduction of typical dispute cases,it analyzes different opinions and clarifies the focus of the dispute on the basis of clarifying the basic situation of the case,and explains the dispute focuses of the judiciary and academia on case disposal.The third part is the jurisprudential analysis of judicial determination of duty embezzlement including the legal interests of duty embezzlement,the objects of embezzlement and possession,the comprehension of occupying for oneself illegal,the comprehension of taking advantage of the duty conveniences,the differences between duty embezzlement and other related crimes,it clarifies important dispute points and relevant identification standards through studying on the above difficult and key points.The fourth part is solving the difficult problems of judicial determination,including the determination and effects of possession under complicated conditions,can it distinguish duty embezzlement and theft by taking advantage of the duty conveniences,how to deal with the sentencing differences between duty embezzlement and theft,and it clarifies the ways of determination and the methods of operation by further analyzing the difficulties of the judicial application of dutyembezzlement.At the end of the thesis,it summarizes the research contents of the judicial determination of duty embezzlement,and indicates the conclusion of the import case,points out the innovations and shortcomings of this thesis. |
