Research On Judicial Identification Of Job Occupation Crime

With the steady development of the socialist market economy,economic cases are increasing year by year.In order to better understand the crime of occupation by taking advantage of duty and solve the problems related to its judicial determination.First of all,it discusses the object and object of the crime of occupation by taking advantage of duty.It thinks that the object element of the crime is defined as a complex object,which can better reflect the protection function of criminal law.It also thinks that the controversial real estate,which also has the property nature in the legal sense,should be classified as the object of the crime.Secondly,on the subject issue,the author thinks that it should be determined by the nature of the work the actor is engaged in.According to the instructions of relevant documents,in order to solve the occupation behavior of the village committee,it is more appropriate to include it in the scope of "other units".Thirdly,in the discussion of the subjective aspect of crime,it is discussed that indirect intention can also become the fault form of the crime of occupation in general and special circumstances.At the same time,whether the property is under the control of the actor or others,it does not affect the identification of "illegal possession for the purpose".Finally,the meaning of "position" should include "official business" and "business".The criminal means of this crime can be summarized as embezzlement,theft,fraud or other means.The amount of embezzled property should be treated differently according to different properties of property.Through the analysis of the constituent elements,clear the boundaries between the crime of occupation and other similar charges.