analysis of the on crime of official embezzlement problems in the judicial practice（分析官员贪污犯罪的司法实践中的问题）.doc

Analysis of the On Crime of Official Embezzlement problems in the judicial practice Abstract Crime of Official Embezzlement is more common in the Property Crime offenses, but also more confusing charges recognized standard judicial practice. This is not only due to job occupation behavior with the development of society in practice, constantly showing new form of judicial practitioners had not yet formed a unified understanding, and job occupation behavior involving other characteristics of expertise has also increased its difficulties identified for now, understand the special circumstances “used his position on the convenience, misappropriate company equity qualitative behavior, finds job occupation after leaving office behavior continuity in economic disputes deal with several important issues of judicial practice, there has been controversy. Papers Keywords Crime of Official Embezzlement advantage of his position to embezzle equity economic disputes Post embezzlement Penal Code of 1997 lt;lt; gt;gt; new charges, after years of judicial practice and theoretical discussions, many previously controversial issues have been resolved, a unified understanding of both theoretical and practical circles, but with the development of society, the the job occupation perpetrator of crime means more diverse, many new judicial problems, especially with the revision and enactment of lt;lt; Company Law gt;gt;, lt;lt; Property Law gt;gt; and other laws and regulations in recent years, post embezzlement by relying on the basic economic facts have occurred, a new definition of job occupation behavior requires judicial practice. According to author’s many years of experience in handling cases of job-related crimes, to tease out the four currently in judicial practice, there are significant controversial problems, the solution of these problems will help correct identification of related crimes. Special circumstances “take advantage of his position to facilitate the unders