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Engineering Construction relations anchored Judicial Identification embezzlement

Author: ZhaoYuChao
Tutor: ChenShiWei
School: Southwest University of Political Science
Course: Legal
Keywords: Project management construction The duty invades the crime Relationship between internal contract responsibility system The crime of embezzlement
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 121
Quote: 0
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Abstract

There are complex legal relationship in the process of project management construction, often prone to dispute, of course, also includes a number of criminal cases. In this paper, anchored with the project during the construction of a criminal case analysis to explore the case of the perpetrator Moumou constitute embezzlement. In the analysis, this paper focuses on the main body of research related crimes, affiliated with the relevant laws and regulations, engineering and professional knowledge, analytical case of whether the perpetrator was affiliated business unit personnel, the final conclusion. This writing is intended to project construction relations anchored nature of the case and to distinguish accurately ascertain the relevant charges to provide a bit of thought, I hope this practice of writing can appear to solve the construction of criminal cases in the judicial determination of benefits.This article is divided into five parts.The first part is the case introduction.King a borrowing of a construction contract in the name of the company to a hope school project. As Wang Lee hired technicians at the site responsible for the payment of workers ’ wages, buy small pieces of material, at the time of project progress to the end, so carry a delegate Wang Li the total sum of 15,000 Yuan issued to migrant workers absconded, resulting in a replacement for the workers ’ wages again 15,000 yuan Wang.The second part is this case divergent opinion and the focal point. Accused Lee of certain behaviors in the present case there are three kinds of qualitative, is the first advice is that it constitutes a crime of official embezzlement; second view was that it did not constitute a crime; a third think it constitutes a crime. Focus as a defendant in the case of Lee has unlawfully subject identity.The third part is the legal case analysis. This is the article’s main focus. The author first=by the identity of the embezzlement of the main theoretical interpretation, analysis, if temporary employment personnel assigned duties with the unit and use of the terms of occupation of the unit of property may also constitute embezzlement. Second, anchored on the case involving the construction project has done a comprehensive analysis, Mainly to the typical construction contract responsibility system anchored relations and internal relations to do a comparative analysis, to further determine the case between Wang and the construction company is a typical construction project affiliated relationship. The relationship between the project anchored under construction, I believe that Wang can not become affiliated party that is the construction company of“unit staff”, but relatively independent and self-financing one of the main, employed by Wang Moumou more natural The construction company can not become a“unit staff.”The author has once more made the analysis to Wang the project legal person status, Thought Wang it is labor contractor nature individual, does not have the company, the enterprise or other unit’s duty status, Apparently Wang employment of so-called Wang Li also does not have its own unit of duty status, cannot be the subject of crime of official embezzlement. In addition to my analysis is Moumou wage workers occupied the nature of the source, Wang, prior advance it is personal, that personal property belonging to Wang, Cannot be the object of crime of official embezzlement. Eventually, I combined the merits and so Lee’s general status, from the perpetrator’s objective to subjective, behavioural analysis, believing that Li so completely constitutes a crime, rather than the conclusion of innocence.The fourth part is this article research conclusion.In this case the accused, Lee enough acts as embezzlement, its functions can be set up completely embezzlement.The fifth part is Yu Lunji creates this case the reason analysis. This case except handles a case the personnel vocational level existence insufficiency, but also has to invades the document to have certain conflict in the jurisdiction stipulation, suggested regarding invadesthe document to be possible to attempt uses the private prosecution and the appeal two ways hands over by suffers injury the side choice.

Engineering Construction relations anchored Judicial Identification embezzlement

Abstract

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