贪污罪的客观方面研究

贪污罪的客观方面在我国刑法理论及司法实践中有很多问题都存在着争议。对利用职务上的便利的理解,应当把握公务性、直接性、内容的特定性三个特点。侵吞是指行为人利用职务上的便利,将业已持有的公共财物非法变更为自己或者第三人所有。窃取是指以秘密的方式获取行为人与他人共同管理或者经手的财物。骗取是指采取欺骗手段将处于他人主管、经手的或者是行为人与他人共同主管、经手的公共财物非法占有的行为。

Objective Aspect of Corruption Offence

There exist lots of controversies on the problems about the objective aspect of corruption in our criminal law theory systems and judicial practice.To give a correct definition about "take advantage by use of one’s position",three features should be focused on which that have official character,substantivity and specificity of the content.Misappropriation means the actors illegally make use of the convenient of their positions to change the public property to their own or other’s which is already held by them before.Theft means the actors get the public property by a secret way which is on co-management or handling by them and others.Fraud means the actors detinue the public property by deception which is handled or managed by others or by themselves and others together.