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Research On The Crime Of Occupation Embezzlement By Han Moumou

Posted on:2022-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:D D SongFull Text:PDF
GTID:2516306614962779Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the increase in the speed of social development,the demand for oil in various industries has surged in the process of rise,and various types of people engaged in the oil industry have been derived.Up to now,most of the oil industry has contracted non-core businesses such as oil production and transportation,and some regions have subcontracted multiple layers.Because the requirements of the contract for the contractor are limited to the unit that meets the qualification level permit,the individual worker does not have a clear and common assessment standard,so that the quality of the employees is uneven,and the phenomenon of "stealing oil" is not uncommon.In practice,there are still theoretical ambiguities in the characterization of judicial workers on the behavior of various types of personnel to buy crude oil,mainly on the issue of whether the "oil theft" behavior of the contractor's staff constitutes the crime of embezzlement or the crime of occupation of office.This article will take the case of Mr.Han using his position to resell crude oil as a starting point,first analyze the ownership of property under a multi-layer contracting relationship,secondly determine the identity of the contractor in the contracting contract,and finally clarify the boundary between the crime of embezzlement and the crime of embezzlement of office,and more deeply study the characterization of the crime of Han.
Keywords/Search Tags:contracting contract, corruption, crimes of misappropriation of office, criminal actors, the object of the crime
PDF Full Text Request
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