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本文对个体工商户中雇佣人员利用工作便利的侵占行为进行分析。同时对个体户雇佣人员利用工作便利的侵占行为不被纳入职务侵占罪的危害进行分析,从而揭示出其弊端。对理论现状进行进一步分析,总结出赞成说和反对说两种学说,并结合国内外学说进行论证。最后,从现实需要、法益要求和社会发展的需要等方面,对加强对个体户的财产权益的刑法保护的必要性以及将其纳入职务侵占罪“其他单位”规制范畴的合理性做了全面的分析,并最终得出结论。
This article analyzes the encroachment of employers on employment convenience in individual industrial and commercial households. At the same time, it is revealed that the hiring of self-employed workers using the convenience of work is not included in the crime of occupational embezzlement. Further analysis of the theoretical status quo, summed up the pro-and anti-say two doctrines, combined with domestic and international doctrine to demonstrate. Finally, from the practical needs, legal requirements and the needs of social development, the necessity of strengthening the criminal law protection of the property rights and interests of self-employed individuals and the rationality of including them in the duty of embezzlement of “other units” Analysis, and finally concluded.