On The Property Crime Of Possession And Convicted

Property crime is often happened in judicial practice, and it is a kind of crime in the conviction of the intense controversy, property crime of possession, in criminal law, whether property of possession exist or not, who belongs to the possession, there is great significance to determine that whether it is a property crime and what crime. In the property crime the highest frequency occurrence is theft, embezzlement, fraud, and they are often discussed in a same case. After the new crime of" drop" the lottery occurred, the three crimes are also mentioned," drop" behavior is crime or not, if it is the crime, it belongs this crime or other crime? Thus, in the present criminal law, under the framework, it sparked widespread discussion. The misappropriation of funds" possession" in the case of property is also debated, also appeared namely convicted of fuzziness,that is to say,property crime of possession becomes the pole of property crime in the cognizance of the crime or non-crime, this crime and that crime. The last is the crime of misappropriation of funds of the defendant" drop" lottery Ye to conduct qualitative, but on the case of Ye qualitative behavior during the process of litigation has formed many opinions: Ye behavior does not constitute a crime, crime of fraud and crime of contract fraud, the crime of embezzlement, which constitute of embezzlement, misappropriation, which constitute the crime of duty encroachment crime specific property, crime of misappropriating public funds constitute the crime of misappropriation of funds and so on. The author thinks, the reason of so much controversy in the final analysis is the" drop" property "possession" properties appear different understanding, that is the existence of possession, the need to distinguish between the subjective elements, objective elements, it is to solve the possessor of property is to control state. Who in fact dominant property, in the judicial practice has the upper and lower, master-slave between occupation, reciprocal relationship between occupation, packaging material possession, buried the possession, also exist the possession of mine,the possession of others, there are the possession and illegal possession. Next, the author analyses the meaning of possession in criminal law, and then according to the meaning of possession in criminal law, combined with the case of" drop" behavior of the possession of property makes a summary of the case, the qualitative analysis make a cushion. To constitute the crime of misappropriation of funds, there must be a possession, in addition, with the possessive state different changes, as well as to occupy the state change means, methods, it will form different crime.The article is divided into four parts, the first part is the presentation of a case Ye misappropriation of funds, including the focal points of the case and the divergence of views; the second part is about the" drop" behavior of the property "possession" attribute analysis, including whether the property crime of possession exist or not, and possession of the attributive problem between Ye and Fucai Center; the third part is the property crime of" possession" and convicted of crimes, around the most common crime of fraud, theft, embezzlement analyzed; the last part is about the qualitative analysis and conclusion.This paper around the property crime of possession, to share as a masterstroke, analyzes why this behavior will be convicted of the crime and not crime, as well as analyzes what the exclusion of constitutes another crime theory, and analyses why constitute the crime of misappropriation of funds, and how much the misappropriated funds amount calculated. This article mainly constitute of lottery money Ye possession, whether to constitute the crime of misappropriation of funds and the misappropriated amount calculation problem is discussed.