论职务侵占案件中国家工作人员共同犯罪的定性

职务侵占案件中国家工作人员共同犯罪的类型比较复杂，其中国家工作人员与单位工作人员相互勾结，各自利用职务便利将单位财物占为己有的，其定性最具争议。对于该情形，仍然应当依照身份者的实行行为决定共同身份犯的性质这一原则定为职务侵占罪，而不能分别定罪、以主犯定罪或定贪污罪。

On the Conviction of Joint Crimes of State Functionaries in Cases of Position Appropriate

The type of joint crimes about state functionaries in cases of position appropriate is very complicated, in which state functionaries gang up with employees of a company or enterprise and take advantage of his position separately in order to appropriate company or enterprise money or property as his own possession. How to convict it has been discussing at most. Facing this situation, we should be convict them guilty of appropriation by the principle that it is according to the practice behavior of offender identity decide the nature of joint identity crime.