刑法中的“利用职务便利”

On Taking Advantage of Position in Criminal Law

刑法中的"利用职务便利"不具有统一的内涵,而是具有相对性,应当根据个罪的保护规范、行为方式等进行具体判断。确定"利用职务便利"的内涵,需要根据行为指向、行为人所得来源作类型化的划分,同时结合每一个罪的具体法益。

Taking advantage of position in criminal law does not have a unified but relative connotation, and a judgment should be based on soecific factors such as the protection norms and the crime behavior. The connotation of taking advantage of position can be divided into different types according to the course of action, the source of the proceeds of crime, and the law benefit of every crime.