The Criminal Law Dogmatic Analysis Of The Crime Of Occupation Embezzlement

The crime of occupation of occupation,as a kind of crime of occupation,has been stipulated in the crime of property infringement in Chapter V of the Criminal Law of China,and has always played a decisive role.The occupation of occupation not only infringes the property rights of the unit,but also violates the needs of the normal production and operation development of the unit,and even destroys the overall economic development order.Therefore,China continuously improves the legislative norms and system to provide a legal basis for punishing crimes in judicial practice.However,due to the complexity and particularity of the crime,and the vagueness of relevant elements in the criminal law theory,related disputes have arisen in China 's judicial practice,so this article will use the principles of criminal law doctrine analysis to define the protection of legal interests and related elements,And make a reasonable analysis of the problems in judicial practice.Through the analysis of the theory of legal interest theory,we can see that the definition of the legal interests of the crime of occupational embezzlement in China should be based on the legal interests of single property rights;the core of the theoretical dispute on the "utilization of the convenience of the post" is the issue of the standard interpretation of "posts".The true connotation of "should be clearly defined as engaging in matters that actually control and control the status of the unit's property,and on the basis of the causal relationship between the occupation of the unit's property and the actual control and control of the unit's property,specifically identify the element of" utilizing the convenience of the position " The means of "illegal occupation as pre-existing" behavior elements should adopt"comprehensive means",not limited to one kind of embezzlement,but also include theft,theft,fraud or other methods.At the same time,we should affirm the rationality of the existence of the element of the purpose of "illegal possession." The content of the element of the purpose of the purpose of the crime of occupation of occupation should be excluded or used.