在现行法律框架下公安机关应对侵占罪之考量

我国刑法规定侵占罪是告诉才处理的自诉案件,公安机关不应当介入这类案件的处理。但在司法实践中,公安机关却屡屡突破了这一法律规定,原因何在？现行法律规定的局限性已严重地束缚了公安机关在这一案件中的作为,使侵占案件的被害人的合法权益无法得到足够的保护,如何在现行的法律框架之下应对侵占罪成为摆在公安机关面前的一道难题。

How to Deal with the Crime of Embezzlement by the Public Security Organization under the Frame Of Contemporary Law

It is enacted in our Criminal Law that the crime of embezzlement is such a case that no trial without complaint. That means the public security organization has no power to deal with this kind of cases. But in the practice of justice, the public security organization often disobeys this rule, why？ The limitation of our contemporary law has restricted the public security organization to this case. And that made the victims＇ legitimate interests can＇t be protected properly. Now how to deal with the crime of embezzlement under the frame of contemporary law is a difficult problem to the public security organization.