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Hefei's better equity case lawyer team - online, the bribers have different purposes. In the crime of bribery, the purpose of the briber may be varied, including economic interests, personal interests, and so on. In commercial bribery, the purpose of the briber is to have clear business interests or trading opportunities that may bring business interests. The object of the violation is different. The crime of bribery violates the integrity system; while the object of the crime of commercial bribery is the market economy order.
Embezzlement is a relatively common duty crime. After the trade organization, its new criminal forms and means of crime emerge in an endless stream, and some issues are controversial whether in the field of legal theory or in judicial practice. In order to correctly apply the law and punish crimes accurately, here is a preliminary discussion on several related issues of the crime of misappropriation as follows.
Even if you take a step back and think that "unit public power" is a legal interest side by side with property, it cannot be said that Explain why the punishment for the crime of embezzlement is lower than that of crime and crime. Because scholars who hold this theory believe that the means of the crime of occupational embezzlement also include and, in addition to embezzlement, but, compared with the legal interest protected by the crime, that is, the property, the crime of occupational embezzlement protects one more legal interest, that is, the public power of the unit. , it stands to reason that the punishment should be higher than the crime and the crime, but why is the punishment for the year, but the crime and the crime is the punishment? It should not be said that this is the inappropriateness of the legislation of the crime of occupation of office, because there is no *** criminal law.
The subjective aspect is direct intentional, that is, the perpetrator knowingly misappropriates it intentionally. Specifically, misappropriation is illegal, that is, the perpetrator uses it privately without approval or permission in violation of rules and regulations. The original intention of misappropriation is private use, transfer, occupation, and borrowing of public funds. The purpose of action is to use, not to possess. Misappropriation is not embezzlement, but preparation for return, which has the characteristics of "borrowing without authorization". Even if it cannot be returned after misappropriation, it is not due to the perpetrator's subjective and intentional possession, but due to objective reasons other than the perpetrator's will.
my country's practical and theoretical circles believe that the above-mentioned "non-state-owned company" is a holding company, that is, a company with state-owned assets, and the purpose of "designation" is to supervise state-owned assets. On November 13, 2003, the Minutes of the National Symposium on the Trial of Economic Crime Cases issued by the National Courts stipulates that "State-owned companies, enterprises and institutions shall appoint joint-stock companies with state-owned holdings or shareholdings to engage in organizational leadership, supervision and management, etc. Personnel who are not in the state should be regarded as staff.” This shows that a wholly state-owned company is a state-owned company, “a company in which state-owned holding shares are held is a non-state-owned company, and only the personnel appointed to perform official duties are staff, and the others are non-workers. personnel, that is, the personnel of the company.”
Hefei's good equity case lawyer team - online, appropriately increase the staffing of the malfeasance and infringement investigation department, and have enough staff. Thirdly, it is necessary to increase the training of malfeasance and tort cases. In the training of judicial personnel, this business course and case study should be added, so that prosecutors and judges can reach a relatively consistent understanding of the overall understanding of malfeasance and tort cases. The crime of dereliction of duty (except for the crime of intentional disclosure of secrets, in the case of a joint crime by a person with identity and a person without identity, the person without identity cannot establish a joint crime.