On The Determination Of The Subject Of The Crime Of Embezzlement Under The Condition Of Complex Labor Relations

Market economy to the point of today, all kinds of management pattern with each passing day.Excellent through long-term practice, inspection business strategy is supposed to improve the management benefit, and a wide range of promotion. One of the most prominent is the core technology, based on the ability of industry diversification.In this operating mode, establish a diversified labor relationship with laborer become inevitable.According to actual situation, diversified labor relations in China mainly embodied in labor contract, labor dispatching, service outsourcing, interns, retirement re-hire, part-time labor, part-time, affiliates repeat for accepting a variety of ways.Diverse forms of employment has a special function to the development of enterprises, the employment form has its different forms of different utility, enterprises can choose flexible use. So, at the same time of incentive talents to contribute to lower labor costs or reduce the risk of Labour disputes.But it is in this context, if will be the subject of job occupation crime is limited to this type of enterprise formal worker, will take other forms of employment job occupation behavior out of the scope of penal sanctions, unfavorable to protect the diversity of more and more mature labor and enterprises, the national interest.The topic of this article is based on the background of the realistic contradiction, is put forward.The diversified forms of employment of job occupation behavior such as models and results of job occupation crime essence of criminal law to explain the purpose of theory and value standard, finally can also under the current legislative language, solve the increasingly changing reality and the contradiction between language itself is difficult to change.By analyzing the above argument, first clear the even substantial interpretation theory and form explanation is still debated, but in terms of the main body of job occupation crime cognizance, more suitable for real explanation theory explain the scope of job occupation personnel problems.On the basis of the proposed legislative amendments or judicial cognizance on the interpretation of the papers is based on.