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The Embezzlement Subject of Crime Recognizes the Research

Author: ZhaoFeng
Tutor: MaMingXian
School: Lanzhou University
Course: Legal
Keywords: Criminal subject of corruption State-owned companies Engage in public service Position to facilitate Working facilities
CLC: D924.392
Type: Master's thesis
Year: 2010
Downloads: 115
Quote: 0
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Abstract


along with our country economic society rapid development, the footsteps which the state-owned enterprise reforms speeds up unceasingly, therefore the enterprise nature division standard has had the change, "state-owned" the concept has lost the traditional significance.The legal hysteresis quality created our country "Criminal law" still to defer to the traditional concept to carry on to the country staff recognized that, made the embezzlement subject of crime to recognize has had many disputes and the difference in the judicial practice.But recognized correctly the embezzlement crime the main body, to embezzles the crime to determine guilt the discretion of punishment to be very important.This article by a piece of embezzlement case obtaining, first summarizes the court to the above-mentioned plan trying result and the decision basis, introduced the case tries three kind of divergent opinions which in the process produces, then pointed out this case in the main body recognized in the question exists four focal points.Afterwards key carries on the analysis to these four questions:First, elaborated the state-owned company defines, union academic circles to state-owned holding, share-holding company whether belongs to the state-owned company’s two different viewpoints, analysis this case accused person in company’s nature; Second, right "official business" and "the service" carries on the comparison, the analysis this case accused person’s work responsibility whether belongs "is engaged in official business"; Third, analysis this case accused person whether belongs to "the accurate country staff’, and unifies first, the second analysis this case accused person whether constitutes the embezzlement subject of crime; Fourth, carries on the analysis to this case accused person’s behavior nature, elaborated "use duty then" the meaning, and with "then carries on it using the work" the comparison.Finally, through and finally carries on the evaluation to the court decision reason, draws out main question which in the crime of corruption legislation exists, then proposed the solution correlation question suggestion, is for the purpose of to speeding up the related legislation advancement to provide the beneficial reference.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Corruption and Bribery
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