The Performance Of Act In Credit And The Crime Of Violating Property

In a broad sense, the performance of property includes the performance of theownership as well as the credit. In addition to jus in re aliena, such as pledge, lien,mortgage, generally, the academic field and the department responsible for judicial practiceshare the consensus that the performance of ownership can not be regarded as the crime ofviolating property, because the possessor can not be justified for his behavior against thelegal right of its owner. The creditor, in order to perform his legal credit, succeeds inacquiring some property by means of illegal means, such as robbery, burglary, cheating andblackmail. Whether the act mentioned above committing the crime of violating theproperty is the center of the discussion.Nowadays, there exist two opposite views towards the matter whether theperformance of act in credit commits the crime of violating the property. According to thebasic theory of the criminal law and the judicial practice, the majority of people hold theview that such act shall not be defined as the crime of violating property due to the lack ofthe following two elements: the substantial damage of property and the purpose of illegalpossessions the right to perform. In view of the case that the right to perform the act incredit is mandated to the debt collection company by the creditor, the author deems that itis inappropriate to define such act as the crime of making trouble of nothing, because thecrime of making trouble of nothing is contradictory to the cause-effect of performing theact in credit. In fact, performing the act in credit not only violates the legal interest ofproperty, but also has the purpose of illegal possession. In most cases, the performance ofact in credit can not be considered as the self-protection in a strict sense, because such actdoes not belong to the emergency and lack the appropriateness. Therefore, the actmentioned above is defined as the crime of violating the property, for the reason that itdoes not have the quality of ceasing to be illegal. Besides,China, at the turn of socialtransformation, should treat the order as the primary value purpose of the criminal policy. It is better to define the performance of the act in credit, which meets the elements of crimeof violating the property and is illegal, as the crime of violating the property. Finally, theperformance of the act in credit which meets the elements of crime of violating theproperty, but whose method to conduct the act does not commit other crimes, shall bedefined as the crime of violating the property. In such way, it can effectively compensatethe weaknesses of our nation legislation.