论侵占罪的管辖问题

On Administrating Problems of Occupying Crime

根据现行法律规定,侵占罪属于告诉才处理的案件,公安机关对侵占罪无管辖权,检察机关对侵占罪无公诉权,法院对检察院提起公诉的侵占罪案件不应当开庭审理。本文提出增加"在特定情形下公安机关可以对侵占罪行使管辖权"的法律规定的建议。

According to the relevant regulation of the current law,occupying crime is a type of case handled after being told.The public security organ has no jurisdiction in occupying law,the procurator has no right of prosecution to occupying crime,the court should advise the procurator ate to recall prosecute to the case of occupying that the procurator prosecutes.So the legal provisions on 'public security organ under specific situation can make jurisdiction to occupying crime' should be increased.