Research On Several Controversy Problem Of Accusation Of Occupation

The Accusation of occupation as a new charge which is stipulated in the revised criminal legal code is heatedly discussed by experts who are enaged in legal field. After scholar's study ,some problems have been solved, but other problems still remained which can't be explained reasonably both in theory and in administration of justice practice. This paper analyses several controversy problems on the accusation of occupation. It believes that occupation demeanour is that a person who acts regards an "state `of occupation "as illegal occupation. It is generally believed that it is not appropriate to regard the premise of act of occupation as legal occupation. Only when the person who acts occupies other people's property which is kept his act can be act of occupation if the person who acts has no intention of occupying other's property, only deal with other's property beyond his power or divert use or destroy,the act is not occupation "To reject to return"or "to reject to hand out ".others property is the necessary condition to constitute accusation of occuption,but it is not the necessary condition of non-occupation act .This relationship is putting side by side not included.To found the necessary condition of "rejecting to return "or"hand out",It is demanded that the owner of the property or the organs relative puts forward the request of returning. Only by then when a person who has occupied others property shows he rejects to return or to hand out can the case be constituted.To constitute the act of "rejecting to return or hand out"has a final time limit. As for the private prosecution form, the occupation has constituted after the person who occupies others property definitely shows to the owner of theproperty,occupation and commision that he will reject to return or hand out the property he has occupied. If the person who acts promises he will make up for the compensation after he has punished the occupation property with the intention of illegal occupation and the owner of the property asks to return or hand out,the charge of "rejecting to return or hand out "can't be constituted,It means the articles which the conductors rejects to return or hand out is not sure to the original;The concept of articles which a person forgets to bring along can't be equal to the one which a person loses both in connotation and in extension,The concept of the articles which a person forgets to bring along is separated from the concept of the articles which a person losts,In fact it belongs to indefinite articles.The criminal law only stipulates that the act to occupy indefinite lost articles,that is the act of forgotten articles,can constitute accusation of occupation.As for the act of occupying definite articles can't be found accusation of occupationk.As for accomplished offence form,the accusation of occupation exists just as not accomplished offence.In theory it exists a state in which the crime has not finished.But in practice the range in existence is extremely narrow.The state of not accomplished offence only exists when the conductors occupies small amount of property in subjectivity with attempt to occupy large amount of propty and regards his illegal occupation as large amout.