试论我国刑法中利用职务之便的界定

利用职务之便是我国刑法中某些罪名的客观要件,刑法理论和司法实践对其关注颇多,但往往局限于在某具体个罪中认定其内容,很难形成系统的认识.因此跳出传统研究视角,不拘泥于某个罪,同时以若干典型个罪为参照,有必要对我国刑法中利用职务之便的概念内涵进行一般意义上的探讨.

On the Definition of Taking Advantage of One's Position in Criminal Law

Taking advantage of one's position has been viewed as the opticalessential constitution in some offences. So the theory of criminal law shows more solicitude for it. But it is a pity that the now available understanding about taking advantage of one's position has often been confined in one crime other than overall thinking. This thesis attempts to make a breakthrough at the traditional research point and make a comprehensive probing into the concept of taking advantage of one's position.