The Determination Of "Taking Advantage Of The Convenience Of Position" In The Crime Of Embezzlement By Position

Official embezzlement is an act of illegally taking possession of the property of a company,enterprise or other unit by taking advantage of its position.Staff members of a company,enterprise or other unit have the functions of managing,possessing,controlling and controlling the property of the unit and illegally possess the property by taking advantage of the convenient conditions formed by their positions.In the crime of official embezzlement,"making use of the convenience of position" has special significance.It is the core element to correctly recognize the crime of official embezzlement in practice.Therefore,it is necessary to further clarify the meaning of "making use of the convenience of position".From the perspective of semantics,the words "duty" and "convenience" are the key to understand the meaning of this element.Both in theory and in practice,people have different understandings of the words "duty" and "convenience".This paper holds that the meaning of "duty" should be understood from three aspects:the power source of the doer’s control over property,a certain stability and the precondition of duty.And the understanding of "convenience" needs to integrate the overall situation,to the scope of authority and causality of the behavior as the standard,to determine whether the behavior of the doer took advantage of the position on the convenience of the specific judgment.Howtodistinguish "using job convenience" from "using work and other conveniences"is the key and difficult point of "using job convenience".In the practice of our country,the actor will often take advantage of many convenient conditions when carrying out criminal ACTS,such as "using the convenience of work","using the convenience of labor" and other aspects of familiar with the environment.With convenient,such as by taking advantage of the work situation,job occupation crime by taking advantage of his "whether there is essential difference is that a person’s behavior violated the integrity unit staff position of legal interests,and the main performance is a statulory crime constitution important docunent,for its control of the property of power from the act’s requirements,and irreplaceability when it is in that job occupation crime,and so on.This paper also attempts to of job occupation crime by taking advantage of his "typed analysis,from the nature began to unit crime subject,scope of business and the nature of the actor’s duties and functions and powers as the standard,it can be divided into the production workers,by taking advantage of his",productive workers "by taking advantage of his" and other units of workers "by taking advantage of his,three types.Through the analysis,it can be found that the non-production workers’ occupation of the company’s property by taking advantage of their position is mainly manifested in their occupation of the property managed or handled by them based on management or sales work." The production staff is mainly manifested in the use of the production tools and products produced by the occupation and so on;The identification of other types of stall behavior should also be based on their job responsibilities and the authority of the embezzled property.