关键词: 职务侵占罪, 盗窃罪, 侵占罪, 侵吞, 职务便利

Abstract: It is not appropriate to convict the behavior stealing unit property by utilizing professional convenience either as larceny or as crime of embezzlement in the post. To solve this problem,we suggest that the behavior of crime of embezzlement in the post be defined as one type of embezzlement behavior, and that the behavior of "utilizing professional convenience" in crime of embezzlement in the post means the possession of the target property, in which circumstances stealing does not apply. Because of such interpretation of "utilizing professional convenience",the inconsistence between the subjective and objective condition makes it impossible for the crime of embezzlement in the post and larceny coexist,but it is obviously unfair to convict such behavior innocent. In such case, stealing is conducted in reality, without such subjectivity; therefore it can be convicted the crime of embezzlement in the post, as the subjective intention of embezzlement is involved.

Key words: crime of embezzlement in the post, larceny, embezzlement crime, misappropriation professional convenience