Qualitative Research On The Behavior Of Occupation In The Case Of Personality Confusion

In 1997,China established the crime of official embezzlement,and then regulate the corruption of the non national staff in companies,enterprises and other units.In recent years,the crime of official embezzlement and a higher incidence in practice,such as porters,courier,temporary staff taking advantage of his position in the occupation of the act constitutes the crime of official embezzlement or theft,one of the spouses of the "one company" their spouses use their own positions in the establishment of the company’s convenience in the implementation of the act of embezzlement constitute the crime of official embezzlement.In judicial practice,the crime of official embezzlement dispute is mainly reflected in the determination of the subject,the dispute mainly involves individual industrial and commercial households,legal person,companies,enterprises or other organizations and units of temporary labor,rarely involved in corporate organization members and qualitative discussion of personality confusion embezzlement case.Because of the crime of embezzlement,there is no specific and detailed interpretation of the law to be defined,such cases are often controversial.Especially controversial charges causing distress to the different parties to remedy their legal rights,but also provides an opportunity for criminals to avoid legal accountability.To solve this problem,this paper takes the case of Mr.He an example,and pays attention to the judicial response of the crime of official encroachment in the farmer specialized cooperatives.In the form of case analysis,from the case of embezzlement of personality confusion to the qualitative point of view,the focus of controversy in this case,this case of embezzlement of personality confusion should be characterized,and then provide the corresponding reference to the judicial practice in dealing with similar problems.The full text is divided into four parts,which are the basic situation of the case,the analysis of the relevant legal issues,the analysis and conclusion of the case,and the inspiration of this case.The first part is the basic situation of the case.Mainly including the cause of the case,the author introduces the different opinions,views and differences identified the nature of the case,summed up the two focus: first,the personality confused,members of the unit can become the subject of crime of official embezzlement;second,personality confusion situation,occupation unit financial behavior should constitute what crime.The second part is the legal analysis of related issues.First of all,this paper makes a brief analysis of the dispute charges and the litigation process,and makes clear the essence of the crime in the case.Then it discusses from the three aspects of the relevant legal issues: first,to define the scope of the crime of official encroachment provisions in the "company,enterprise or other unit" and "staff",clarify the scope of subject of the crime of official encroachment;second,using the related theories of the object of the crime of official encroachment is the object "simple object theory" or "complicated object theory";finally,with the help of legal personality denial system,specific analysis of the characteristics of shareholders and the company,and members of units under the condition of personality confusion.The third part is the analysis and conclusion of this case.As the flowers cooperatives of farmers specialized cooperatives after the registration of establishment,has obtained the legal person qualification.From the facts of the case,Mr.He and flowers cooperatives of farmers specialized cooperatives hotchpot,cooperatives personnel with reference to legal personality denial system,identification of C city flowers cooperatives legal personality and Mr.He personality confusion,denial Mr.He undertakes in the cooperatives of limited liability,determining the property of cooperatives is the essence of what a personal property.Where a subjective attitude and objective behavior,Mr.He lack of professional cooperatives and violation of subjective intention and actual behavior.Mr.He acts constitute embezzlement,should be convicted and punished in accordance with the crime of embezzlement.The fourth part is the inspiration of the case study.This part is the summary and sublimation.To grasp the nature of the crime of official embezzlement and the crime of embezzlement,it is concluded that the crime of embezzlement should be established.Study on the behavior of legal personality under the condition of qualitative confusion,is the innovation of this paper,pays attention to the judicial identification of related cases is almost blank,to the similar case to determine whether a crime has an important guiding role.The analysis and research of this case is a typical representative,which has an important reference value for dealing with such cases.In the process of criminal acts to be recognized,not just from the form up to demonstrate,to adhere to the crime standard perspective of crime,this crime should constitute a certain standard according to the law of the unity of subjective and objective elements of the crime,the correct understanding and the relationship between the various elements of a crime,and criminal law provisions to identify the behavior of compliance judgment,nature is trial behavior.According to the theory of criminal law,we should use the theory of criminal law to clarify the facts of the case,based on the nature of the crime,focusing on the substantive interpretation.That is to say,in the qualitative of criminal acts,we should adhere to the principle of consistency between subjective and objective,and proceed from reality.