Thinking About Job Occupation Crime Judicial Cognizance Question

With a full range of social areas and deep transformation, economic crime cases showed rapid growth trend. Embezzlement is a common economic crime, the nature of units of a specific identity characterized by the staff of his position to facilitate the use of their own property units will be illegal for himself. As a typical office sex crimes, embezzlement embezzlement in1997from the independent, with its yearly number of cases and criminal means of increasing complexity, the judicial practice of law for embezzlement finds there many difficult problems. To this end, the author of the crime of corruption and embezzlement legal analysis of the issues identified for embezzlement identified the problems in the judicial practice be explored, which wish to contribute to the reality of judicial practice activities.Elements of the crime is a crime constitutes the basic unit, investigate embezzlement identified problems, we should focus on aspects of its constituent elements of criminal proceed. Therefore, this research ideas is from the constituent elements of embezzlement departure, is divided into four parts, namely, the main problem for embezzlement identification, object identification of the problem, identify the objective and subjective aspects of the difficult problems to be research.Embezzlement key is not recognized by the main unit of ownership, but to act with specific duties to be defined as its subject Embezzlement of the object is a complex object, including companies, enterprises or other units of property ownership and the relationship between faith and trust in the judgment of the mixed economy should focus on public property embezzlement and corruption distinction. Focusing on the objective aspects of embezzlement " advantage of his office " and " unlawful for himself," the connotation and performance are discussed, judicial practice embezzlement help sort out difficult problems identified. Embezzlement subjective aspect refers to the direct intention of actors, from embezzlement and misappropriation of funds is an important distinction to be identified starting point.