The Law Analysis Of The Case Of Zhao Haijun Who Steals Back His Own Pledge

In the judicial practice of our country, how to convict the behavior that the ownership himself to steal his personal property which is in others’possession have not form a unified opinion yet, and even that the phenomenon of the same cases with different sentences is serious. In theory, scholars’studies is also different from person to person. The main argument is on opinions of innocent, theft and fraud. Although the correct conclusion is from a plurality of voices rather than an authoritative selection, but the phenomenon of the same cases with different sentences is directly to bring a great challenge against the judicial authority.This article just takes a small case of cases that the ownership himself to steal his personal property which is in others’possession,namely,from a case of an owner who steals back his own qualitative, the trial process resulting in the disagreements were introduced. First, this article studies how to view things the owner steals back his own qualitative.Subsequently, the divergence of opinions are analyzed, focusing on the case to analysis why it is identified as the crime of theft or fraud crime, and discusses the theory of implicated offense incidental and combined punishment for several crimes. After explains the relevant opinions on the amount of property that is theft, and further to undertake how to distinguish theft and fraud. Then, this paper summarizes the practice of representative examples, the ownership steals his personal property which is in others’possession was further carding. Finally, behaviors of the owner steals others’ illegal possession of his personal property also be talked, with a view to similar case judgments and that provides the beneficial reference.