| At present,the application of the crime of embezzlement in judicial practice is still controversial,and the problem of the crime of embezzlement in the first instance of the same case still exists.For example,with the rapid development of the Internet and the rapid rise of the e-commerce industry,online shopping has also become popular,and the phenomenon of parcel delivery by parcel delivery in the express delivery industry occurs from time to time.By consulting related cases,it was found that the cases of parcel delivery by parcel delivery were handled differently in different regions,and the trial results of the same case in the same region also differed,without forming a uniform standard.In order to be quasi-deterministic and accurately apply the crime of occupational occupation,it is necessary to start with the constituent elements of the crime of occupational occupation and further study the objective aspects of the crime of occupational occupation.This article intends to start with some typical cases and discuss the uniform standards applicable to the crime of occupation of occupations,with a view to providing a reference for future conviction and sentencing of occupation of occupation crimes in judicial practice.This article consists of three parts.details as follows:Part I:The first part discusses the theoretical controversy of "utilizing the convenience of the post",and then puts forward the author’s understanding of"utilizing the convenience of the post"."Using the convenience of the post" is the key point to distinguish the crime of embezzlement from the crime of theft and fraud.It is also the research focus of scholars in the field of criminal law on the crime of embezzlement.In order to accurately understand the constituent elements of "utilizing the convenience of a job",it is first necessary to accurately define the meaning of "job".Is a job equivalent to a job,does the job include only matters of authority,and does it cover other aspects as well?This article puts forward my point of view through case analysis.The author believes that the use of the convenience of the job means that the actor can occupy and control the property of the unit because of his job duties.Secondly,by analyzing the legal benefit of the protection of the crime of embezzlement,it is only the legal interest of property.The second part:Research on the behavior mode of "illegal possession for own".Concerning the mode of conduct,there has been controversy in the field of criminal law between the "comprehensive approach" and the "single approach".The "single means theory" believes that the illegal act of owning is only one kind of embezzlement;the "comprehensive means theory" believes that the illegal way of owning includes not only embezzlement,but also stealing and deception.In view of the Interpretation of Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Corruption and Bribery,which was issued by the Supreme Law and the Supreme People’s Procuratorate on April 18,2016,the starting point for the "larger amount" of the conviction and sentence for the crime of embezzlement was raised to 60,000 yuan The "huge amount"starting point was raised to 1 million yuan.The author believes that the"comprehensive approach" is questionable and the "single approach" is more feasible.The third part:the study of the embezzlement object of the crime of embezzlement.The Internet industry is booming,and virtual property and electronic data are more common.When an actor uses the convenience of his position to embezzle virtual property,whether he should be convicted and sentenced according to the crime of embezzlement is also controversial in judicial practice.At present,there are two main points of view in China’s theoretical circles about "the property of the unit".The author believes that in addition to the property owned by the unit,it should include others who have no ownership but have actual control or management rights.All belongings.Regarding the identification of stock rights and virtual property,the author believes that they are all the targets of the crime of embezzlement. |
