马某的行为应属民事违法行为刘炽，黄永茂《人民检察》第３期所载《侵占公司合同的行为应如何定性》一文，笔者认为：马某的行为是一种民事违法行为，不构成犯罪。理由如下：一、联营体与某同铁道处的合同尚未成立，不只有法律效力，在马某与某国铁道处签订合同之前，联营... Ma’s behavior should belong to civil unlawful Liu Chi, Huang Yongmao “People’s Procuratorate” contained in the third “to encroach on the behavior of the company’s contract should be qualitative,” a text, I think: Ma behavior is a civil illegal act, not Constitute a crime. The reasons are as follows: First, the joint venture and a contract with the Ministry of Railways has not yet been established, not only the legal effect, in the Ma and a railway department signed a contract before the joint venture ...