某县某厂厂长等五“被告人”,究竟有罪,还是无罪?这一问题实际上是区分构成经济犯罪的基本界限问题。我们认为,他们采取弄虚作假的手法提取现金,发放职工奖金的行为,是严重违反财经纪律的行为,但不构成贪污罪。其根据和理由如下: 一、五被告人参与订立承包合同、是具有法律效力的,应受法律保护。某县在农村经济体制改革中实行承包责任制取得成功之后,县委于一九八三年初围绕城市经济体制改革,召开了开创思想政治 Whether a county factory director and five other “defendants” are guilty or not guilty? The question is actually the distinction between the basic boundaries that constitute economic crimes. In our view, their behavior of resorting to falsification to withdraw cash and pay staff bonuses is a serious violation of financial and economic discipline but does not constitute a crime of embezzlement. Its basis and reasons are as follows: 1. The participation of the five defendants in entering into the contract of contract is legally effective and should be protected by law. After successful implementation of the contract responsibility system in rural economic system reform in one county, the county commissioned the reform of urban economic system in early 1983,