Steal Vehicle Distrained Behavior To Settle Qualitative Study

Thieves and burglars means with illegal occupy is purpose, steal others occupancy of, quantity bigger wealth and properties or many behavior of pilferages, car owner’s stealing vehicle distrained whether the behavior of he or she’s vehicle constitutes thieves and burglars, at judicatory practice and exist a rift in the penal code theory, can induce two kinds of according to opposition of standpoint:whether to think doesn’t constitute a crime, can not sentence a punishment;or to think should sentence a punishment by thieves and burglars.I combine judicatory to practice a medium concrete case and adopt the method of contrasting the analysis and try to do from the theory thorough research with expect to be correct instruction judicatory fulfillment.What is the method benefit that thieves and burglars infringes upon actually?Is the occupancy(control) right of an ownership still a wealth and properties of wealth and properties?The different conclusion directly influences behavioral property with affirm.The our country traditional penal code theory thinks that the method benefit that thieves and burglars infringes upon is the ownership of male private property, thieves and burglars most the essential feature is the invasion to the property rights.But the ownership says to theoretically exist many problems:The development of merchandise economy makes the parts of power of ownership ability and is a whole ownership the occurrence is under the certain time and space condition separate, it since the non-owner that can bring owner homologous value as well as give to occupy to use the wealth and properties brings a benefits.Think penal code the protection ownership was whole, negated proprietorship powered in fact to be able to separate of fact, also narrowed the protection scope of penal code too much.The ownership says in the fulfillment to also encounter many hard nut to cracks.The foreign(Japan) penal code has been existing this power to say with occupy say it contend for, controversy of substantial lie in, the penal code stipulates thieves and burglars actually and for protecting the normal right relation still a protection on the private method in fact of property order, furthermore, forbiding with the form of pertaining to crime method the private dint succour is shoulded control what scope inside.This power says that the embodiment protects the spirit of private method right, its blemish lies in narrowing the punishment scope that the property makes too much, the disadvantage is at the maintenance property order.What occupancy says an embodiment is the fact status that respects property and forbids the thought that the private dint relieves, the blemish then lies in the possible extension punishment scope, and hard the elucidation can not punish of why can the after the event behavior not punish.From our country traditional penal code theory and judicatory fulfillment to see, steal vehicle distrained what the behavior of oneself s vehicle infringe upon is the ownership of motor vehicle, certainly the ownership at this time belongs to an administration organization.See from the angle of legal occupancy right, steal vehicle distrained to infringe upon at least administration organization to by law detain of the legal occupancy right of motor vehicle, this kind of standpoint is more and more also judicatory practice accept.Car owner’s stealing is distrained upon whether the behavior of motor vehicle constitutes thieves and burglars, see it whether composing important item according to thieves and burglars.Seeing from the composing important item of thieves and burglars, its objective main factor is an adoption to steal means and break a domination relation of others to wealth and properties and then build up a new domination relation, the subjective main factor has to proceed from intentionally(and have the purpose of illegal occupancy), first, the behavior person has to know to steal object to belong to wealth and properties, and the wealth and properties is occupied by the others;Secondly, the behavior person has to occupy to have understanding towards transfering the thing of others occupancy for he or she, and actively pursue homologous result occurrence.Car owner’s stealing to open is buttonned up what the behavior of motor vehicle break is administration organization’s legal right of control(even ownership) for motor vehicle, behavior the person Be subjective to up have the purpose of illegal occupancy, objective up adopted the behavior that the secret steals, completely the host and guest view according to thieves and burglars constitutes important item main factor.This text passes to violate the analysis that method benefit and host and guest view constitutes important item main factor to thieves and burglars, think to steal vehicle that being distrained the behavior of oneself s vehicle is proper to affirm for thieves and burglars.To possible creation of the offense and (criminal) punishment unbalanced problem propose initial solution.Emphasize analytical think not to constitute a crime can not sentence the basis and blemish of punishment, at the same time to the judicatory practice medium of other judge did the critique of synopsis.