Research On Evaluating The Behavior Of Possession Of Property Stolen By The Person Who Has Non-criminal Responsibility

In judicial practice,the person who has non-criminal responsibility always let athird person help to take care of or sell the stolen property,while the third partyprivately possesses the property or embezzles the sell items for the price.In thetheoretical circles, there are multiple points of view about how to evaluate thisbehavior properly,.As so far,they have not reached a consensus point. This paperfirstly talk about the case in the criminal justice practice, then through the introductionof the case, the writer introduce the analysis of behavior of possession of propertystolen by the person who has non-criminal responsibility. And at last,the writer putsforward his own views about this behavior.This paper is divided into the following three aspects:The first chapter is mainly about the case with a brief introduction, and define thecenter of discussions of the paper by summarizing and analyzing the controversialviews showed by the case. Differences of evaluating the behavior are mainlyconcentrated in the following three aspects: such conduct as to cover up to conceal thecrime to offend, embezzlement or innocence.The second chapter is the focus of this article and the part of analysis about themain controversial issues in the theory and practice. This chapter is divided into threeparts. The first part is to disguise or conceal the crime to offend the upstream behavior,the subjective aspect and objective conduct in-depth analysis. And the conclusion isgot by combining with the case. The second part is analyzing object and objectivebehavior of embezzlement crime, and the conclusion is got by combining with thecase. The third part elaborates the behavior of possession of property stolen by theperson who has non-criminal responsibility. Then the writer put forward the exposition of this view that the behavior should be handled in accordance withinnocence. Following the principle of legality, the conclusion highlights thedeficiencies of legal representation.The third chapter is the problem of re-thinking and legislative outlook. Thischapter comprises two parts: the first part is a reflection of embezzlement, firstdescribing that this behavior harmful to society, and then this behavior is analyzed.And then by describing the dangers of the behavior to society to express the necessityof evaluating the behavior of possession of the property stolen by the person who hasnon-criminal responsibility guilty. The second part reviews the lack of law in Chinaon the basis of previous analysis, then puts forward recommendations for theimprovement of legislation combining with the inadequacies.