On The Use Of Post Convenience In "Crime Of Duty Encroachment"

With the increasing improvement of China’s criminal law,the criminal law academy has made some achievements in the study of office crimes,especially for the previous controversial places to supplement.However,the development of society has led to economic growth at the same time,but also to such cases will come to a lot of uncertainty.The reason is that the criminal law provisions of the "use of the convenience of office" composition of the elements of misunderstanding,resulting in the same case or similar cases in the process of trial may appear different results,the same case different judgment of this phenomenon will directly image China’s judicial credibility,but also affect the implementation of criminal law,and even affect the trend of China’s market economy,its The consequences are not to be underestimated.At present,China’s criminal law theoretical understanding of this element is not consistent,the theory and doctrine cited in practice is also diverse,making the identification of this element lacks a unified standard.From the practical point of view,the judicial practice in China does not pay enough attention to the elements of crime,and the relevant research is also less,so it is difficult to make a correct and accurate judgment on the elements of criminal behavior.In view of this,this article will focus on the core element of the crime of misappropriation of office-the legal concept of "using the convenience of office" to conduct an in-depth analysis,in addition,combined with the types of difficult cases in China’s justice,systematically and purposefully discuss this element,in order to be able to make a fair judgment on it.The paper is divided into four parts.The paper is divided into four parts.The first part is about the basic theory of "using the convenience of office".This part mainly introduces the different claims of this element in theory and the controversy of this element in judicial practice.The second part mainly discusses the current situation of confusion in the judicial determination of "using the convenience of office" in the crime of misappropriation,and analyzes in detail the judicial determination from the perspective of "office",the subjective understanding of judicial personnel,and the legal benefits of misappropriation in a multi-dimensional manner.The third part is a detailed analysis of the reasons for the confusion of judicial determination.The third part is an in-depth analysis of the term "position",and a comprehensive assessment of the advantages and disadvantages from different academic perspectives,so as to make a reasonable determination of the concept of "using the convenience of position" in the crime of misappropriation of position,which is used as the basis for determining the crime of misappropriation of position.The basis for determining the crime of misappropriation.The way of its discussion is to determine the crime from the level of criminal law legislation,protection of legal interests,and substantive determination of the position.The fourth part is to analyze and explain the difficult problems that may exist in the determination of the crime of misappropriation of office,and put forward feasible opinions in response to the problems,which is highly relevant.