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What are the types of economic crimes? You'd better give an example!
Broadly speaking, economic crimes involving crimes aimed at obtaining economic benefits can be summarized as one of them.
In a narrow sense, it refers to intelligent crimes that are different from traditional violent crimes.
As far as means are concerned, there are the following:
Intelligence: contract fraud, loan fraud, etc. ;
Tr tax-related: inflated-* VAT invoice case, etc.
Job type: accepting *5 bribes, accepting *% bribes from non-state organs, etc.
Take% @ private type: take% * private @ 1 general commodity crime, etc.
Other types of economic crimes.
Give examples of what constitutes a crime. There are more than 400 kinds of crimes in our criminal law. From the analysis of constituent elements, every crime has four elements: the subject of crime, the subjective aspect of crime, the objective aspect of crime and the object of crime.
(1) The subject of the crime. Refers to a person who commits a crime. Every crime must have a subject, some crimes are committed by one person, the subject is one person, some crimes are committed by several people, and the subject is several people. According to the criminal law, a company, enterprise, institution, organ or group commits a crime, which constitutes a unit crime. Therefore, the unit can also become the subject of crime.
(2) Subjective aspects of crime. It refers to the psychological state of the criminal subject's criminal behavior and its results. There are two kinds of subjective psychological state of crime, namely intention and negligence. For example, if you commit theft, the criminal wants to steal other people's property for himself; Commit the crime of intentional injury, and the offender hopes to cause physical injury to others. Some crimes are negligent crimes, such as the crime of fire, and the offender has a negligent psychological state. When the unit constitutes a crime, the person responsible for the unit crime also has a subjective psychological state.
(3) The objective aspect of crime. Refers to the concrete manifestation of criminal behavior. For example, fraud, fabricating facts to deceive others, drug trafficking, drug trafficking and so on.
(4) the object of crime. Refers to the social relations protected by criminal law and infringed by criminal acts. The criminal object is different from the criminal object. The object of crime is the object directly targeted by criminal acts, such as murder and injury. The object of crime is a specific victim, and the object of crime refers to the social relationship that citizens' personal rights protected by criminal law are not illegally violated.
What are the common charges of economic crimes mainly include two categories: one is the crime of undermining the socialist economic order stipulated in Chapter III of the Specific Provisions of China's Criminal Law; The other is the crime of violating property stipulated in Chapter 5 of the Specific Provisions of the Criminal Law of our country. In addition, some crimes against socialist economic relations stipulated in other chapters of the specific provisions of China's criminal law, such as the crime of manufacturing and selling counterfeit drugs, the crime of drug trafficking, and the crime of accepting bribes, also belong to the category of economic crimes. In order to satisfy the broad masses of legal workers' understanding of the relevant provisions when handling economic crime cases, this paper lists some difficult problems related to economic crimes according to the constitutive requirements and conviction application of various charges of economic crimes, referring to the criminal law and the latest judicial interpretation, integrating theory with practice, which is suitable for police officers to use in investigating economic crime cases, and also suitable for prosecutors to consult when examining and approving arrests and prosecutions, and can be used as a reference for judges in trying economic crime cases. (1) Frequently Asked Questions on Duty Economic Crimes 1. What is the difference between the crime of corruption and the crime of stealing internal employees? Stealing public property by taking advantage of one's position (that is, internal theft) constitutes a crime of corruption, which is sometimes difficult to distinguish from internal employee theft. The key to distinguish these two crimes lies in whether to take advantage of the convenience of his position. Taking advantage of his position means that state functionaries, workers of collective economic organizations or other personnel entrusted to engage in public affairs take advantage of his position to take charge of, manage and handle public property. For example, it is a crime of corruption for a cashier to take advantage of his position to keep cash and steal the public funds he keeps; If the cashier only uses the condition of being familiar with the situation of his own unit to steal the public property kept by the staff of other countries, it should be theft. It is a crime of corruption for a salesperson to steal the goods he manages or sells by taking advantage of the convenience of selling goods in a state-owned store. If he just takes advantage of his familiarity with the store to steal the goods operated by other salespeople or sell the money, it is theft. 2, internal and external collusion for corruption or theft * * * and how to convict a criminal case? The accomplice in corruption and theft (including joint accomplice and group crime) should be convicted according to its basic characteristics. * * * The basic characteristics of an accomplice are generally determined by the basic characteristics of the principal offender. If the basic feature of the principal offender among * * * accomplices is the crime of corruption, the accomplice who does not have the subject identity of corruption should be punished as the * * * offender of corruption; If the basic feature of the principal offender in an accomplice is theft, the state functionaries in the accomplice should be punished as the * * * offender of theft, regardless of whether they take advantage of their positions. 3. The problem of misappropriating public funds for personal use or engaging in illegal activities shall be punished as corruption? Regarding the misappropriation of public funds for personal use, we must first distinguish whether to return them. If returned, it is misappropriation in nature. Except for those who should be sentenced according to article 126 of the criminal law, they generally violate financial discipline and should be given administrative sanctions by the competent department. If it is not returned, in nature, it will turn public property owned by the state and the collective into private property, which can be regarded as corruption. However, it takes a time limit and a certain amount to determine whether the misappropriated public funds are returned or constitute corruption. Of course, we should also pay attention to other cases of misappropriation of public funds. In judicial practice, state functionaries, workers of collective economic organizations and other persons in charge of public property who misappropriate public funds for personal use for more than six months have not paid them back, or misappropriate public funds for illegal activities are punished as corruption. If its illegal acts constitute other crimes, it shall be punished in accordance with the provisions of combined punishment for several crimes. 4. If the means of production and funds are all or basically owned by a collective economic organization, and the economic organization is managed by an individual or several people, and its executives or property managers take advantage of their business to embezzle, steal or defraud collective property, can they be punished as corruption? Now all or basically all the means of production and funds are owned by collective economic organizations and managed by individuals or several people, which should be regarded as the management level of collective economic organizations. If the person in charge or the person in charge of property illegally occupies it by means of corruption, theft or fraud, it shall be punished as corruption. 5. Can a state functionary, in economic activities, seek benefits for others and accept property in various names, such as incentive fees, be regarded as the crime of accepting bribes? The crime of accepting bribes refers to the behavior of state functionaries who take advantage of their positions to seek benefits for others and ask for or illegally accept other people's property, which is a kind of dereliction of duty. Whether the behavior of state functionaries seeking benefits for others in economic activities and accepting property in various names, such as incentive fees, handling fees, commissions and kickbacks, constitutes the crime of accepting bribes should be analyzed in detail and different situations should be distinguished: (1) Distinguish between using the convenience of their positions and not using the convenience of their positions. Taking advantage of one's position is an indispensable component of the crime of accepting bribes. State functionaries who take advantage of their positions to promote products, purchase materials and contact business for others, and ask for or accept property in the name of "remuneration" should not be considered as accepting bribes. Violation of the provisions of the party and government organs that prohibit business, or violation of relevant work systems and disciplines, shall be dealt with by their units. Other illegal and criminal acts shall be handled in accordance with other laws and regulations. (2) Distinguish between reasonable remuneration and illegal income. Providing business services to other units with the approval of the leaders of the unit, and obtaining reasonable remuneration according to regulations; Make achievements in selling products and contracting business for the unit, and get reasonable remuneration according to regulations; A specialized agency established with the approval of the relevant competent departments of the state to provide information, introduction services and consulting services. , and according to the provisions of the extraction of reasonable fees; Getting these reasonable labor remuneration is not a bribe. (3) distinguish the advantages and disadvantages of invigorating the economy and developing production. State functionaries take advantage of their positions to seek benefits for others and illegally ask for or accept other people's property, regardless of whether it is conducive to invigorating the economy, its nature is bribery. However, to distinguish whether it is beneficial to invigorate the economy and develop production, it is important to measure the seriousness of the circumstances and decide whether to pursue criminal responsibility; And whether criminal responsibility should be given a lighter, mitigated or aggravated punishment; It is necessary and meaningful. 6. Can a state functionary take advantage of his position to seek benefits for others, accept goods from others and pay only a small amount of cash? How to calculate the amount of bribes? State functionaries take advantage of their positions to seek benefits for others, accept goods and pay only a small amount of cash. This is often a means for bribers and bribers to cover up their crimes. If the circumstances are serious and the number is large, it should be recognized as the crime of accepting bribes. The calculation method of the bribe amount is to deduct the cash amount paid by the briber from the actual amount paid by the briber to buy goods. If the briber's goods have not been paid or the amount paid by the briber cannot be calculated, it shall be calculated by deducting the cash paid by the briber from the local market retail price when the briber receives the goods. (2) Frequently asked questions about fraudulent economic crimes 7. If property is defrauded by signing an economic contract, should it be regarded as fraud or handled as an economic contract dispute? (1) If an individual signs a contract with other units, economic organizations or individuals for the purpose of defrauding property, knowing that it is someone else, and defrauds a large amount of property, he shall be investigated for criminal responsibility for fraud. If an individual has the ability or guarantee to partially perform the contract, but fails to fully perform the contract despite his efforts for some reason, it shall be handled as an economic contract dispute. (2) If a state-owned unit or collective economic organization is unable to perform the contract and signs a contract with other units or individuals by fraudulent means for the purpose of defrauding property, thus defrauding a large amount of property and causing serious economic losses to the other party, the person in charge and the person directly responsible shall be investigated for criminal responsibility for fraud. If the cheated property has been returned after being demanded by the other party, it can be dealt with lightly. (3) State-owned units or collective economic organizations have a certain ability to perform contracts, but their supervisors or directly responsible personnel gain the trust of the other party by exaggerating their performance ability and sign contracts with them.
What are the types of expressions and the best examples? Narrative argument is to describe lyricism.
How to distinguish and use these expressions is best to compare and remember each other.
Narration is a plain narrative of things, without any modification or emotional rendering. The description is rendered with a lot of pen and ink. Lyric is full of emotion. Description is to define a thing. The discussion must first have a central argument, that is, the point of view must be clear.
What vectors are there? Examples mainly refer to vector insects.
Common vector insects mainly include flies, cockroaches, mosquitoes and fleas. These insects are important vectors of many infectious diseases. The main manifestations are: first, it interferes with people's rest and work, such as mosquitoes and fleas biting and sucking blood; The second is to pollute food and property, crawl, feed and excrete on food, and move and excrete on the surface of textiles and furniture; The third is the spread of diseases, which is also the most prominent and important harm of vector insects. Vector insects can spread at least dozens of human diseases, including malaria, dengue fever, dysentery, typhoid fever, hepatitis, plague, endemic typhus, forest encephalitis, epidemic hemorrhagic fever and so on, which is very harmful. (Vector insects and SARS)
Give examples to illustrate the types of statistical indicators. What statistical indicators refer to the comprehensive quantity and the distribution characteristics of various variables used to describe the basic situation of the population? For example, the basic situation and gender distribution characteristics of the national population can be described by indicators such as total population, male population, female population, gender ratio, male population ratio and female population ratio. Different statistical indicators reflect different contents, and can be divided into basic indicators and characteristic indicators according to different statistical indicators. Basic indicators are indicators reflecting the overall basic situation, which are composed of total indicators and relative indicators. Characteristic index is an index reflecting the distribution characteristics of data values, which consists of three parts: one is the average index reflecting the concentration trend of data values distribution; The second is the variation index reflecting the dispersion degree of data distribution; The third is the skewness and kurtosis coefficient reflecting the data distribution pattern.
Statistical index refers to the concept that reflects the quantitative characteristics of the whole phenomenon. It includes three elements: index name, unit of measurement and calculation method. This is the significance of statistical indicators used in statistical theory and statistical design.
Statistical indicators are concepts and specific values that reflect the characteristics of the whole phenomenon. According to this understanding, statistical indicators include not only the above three elements, but also time constraints, space constraints and index values.
What are the characteristics of crime? What are the types of unit crimes? The characteristics of greeting crime include:
First, criminal violations.
Criminal illegality refers to the violation of criminal law, that is, a person's behavior conforms to the constitutive requirements of crime stipulated in the specific provisions of criminal law. Criminal illegality is the legal feature of crime and a negative legal evaluation of criminal behavior. Under the principle of legally prescribed punishment for a crime, there is no crime without criminal violation. Therefore, criminal illegality is the basic feature of crime.
Second, infringement of legal interests.
The infringement of legal interests refers to the infringement of interests protected by criminal law. The interests protected by criminal law here are legal interests. The legal interest of criminal law is an important interest related to social life. The concept of crime is clearly listed in Article 13 of China's Criminal Law, namely, national sovereignty, territorial integrity and security, people's democratic dictatorship regime and socialist system, social order and economic order, state-owned property or property collectively owned by working people, property privately owned by citizens, personal rights, democratic rights and other rights of citizens.
Third, it should be punished.
Being punished by penalty is an important feature of crime, which shows that the state punishes acts that violate criminal law and infringe on legal interests. Crime is the premise of applying punishment, and punishment is the legal consequence of crime.
If you can give detailed information, you can give a more detailed answer.
What are the selling skills? It is best to give an example to illustrate that through years of observation and sales practice, we can divide the quality of sales staff into three levels:
First, the poor sales level: only consider our own interests, regardless of the actual difficulties of customers, and rush to urge customers to measure all day long, no matter what we should do for customers to sell more. I once saw a branch manager hand over a customer's miscalculated overpayment to the company, but the company not only failed to persuade him to return the overpayment immediately, but also informed him of this behavior, saying that it safeguarded the company's interests. Now this enterprise has reached the point of dying, I wonder if they finally understand what the company's interests are.
Second, the middle-level sales: know how to hide yourself, often care about customers like crocodiles, visit the market like dragonflies, go through the motions like formalism, form traps with sweet words and communication skills, trick customers into submission, and feel glad after gaining benefits. This kind of sales level is relatively common, which is generally good at first, but the rabbit's tail can't grow, because through long-term communication, customers will eventually see through this hypocrisy and take control measures, and sales will inevitably be in crisis.
Third, the first-class sales level: just like winning without recruiting is the highest realm of martial arts, the so-called sales skills of salespeople are gone, and some are just sincerity and actions to help customers succeed. They always insist on starting from the interests of customers, thinking for customers and helping customers get benefits, while not forgetting the interests of the company. Their professionalism, dedication and integrity have won the heartfelt respect of customers. Even if sales are difficult in a short time, customers will not abandon the company.
I have been engaged in sales for many years and made many sincere friends. Many customers still keep in close contact with us without interest. I know this is not the result of any sales skills, but the result of our sincere consideration for our customers. However, in today's increasingly fierce market competition, many enterprises and even professional training companies focus on "how to sell combs to monks" in their sales skills training. They are proud of their skills in selling combs to monks, and the result will inevitably mislead sales personnel. Coincidentally, after the Spring Festival this year, a friend who works as a sales manager in the IT industry told me that the first thing to do when returning to work is to organize sales staff to learn from Zhao Benshan and Zhao Benshan. Learn Zhao Benshan's "big bluff" skill of "selling a wheelchair" at the Spring Festival Evening, and let everyone apply this skill to the actual sales work. I told him seriously that this would not only harm the sales staff, but also harm the enterprise in the end. I don't really think about my customers, and regard them as the object of wits. No matter how professional their sales skills and communication skills are, they will eventually fail. He who treats others as fools is the real fool himself!
Of course, we are not saying that sales skills are useless or harmful, just like a kitchen knife can cut vegetables and kill people. The key is how we use it. If you always wonder how to sell combs to monks and crutches and wheelchairs to able-bodied people, you will be complacent, leaving endless hidden dangers for both companies and individuals. If we can be smart, honest, professional and self-disciplined, forget the so-called sales skills, always think about the interests of customers and companies, and always put ourselves in each other's shoes from the customer's point of view, both your company and yourself will be smooth sailing.
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