The Case Analysis Of Tian Weijiang Crime Of Property Violation

The Railway Transport Court of Lanzhou Recognizes the behavior of Tian Weijiang commits larceny,condemning set term of imprisonment two years and three months and paying fine2000yuan On September3,2010.After pronouncing judgment, Tian Weijiang appeals to Lanzhou railway transportation intermediate court and the second trial courts finally by the first trial decision recognized accused person Tian Weijiang the delinquent account is clear, but is suitable the legal mistake is a reason, recognized person brining suit Tian Weijiang the behavior constitution cheating crime, condemns a set term of imprisonment for year, punishes at the same time the fine1000Yuan.Now, Although the decision has had the legal effect, but it causes many legal questions after the court mankes the final decision.On the contrary, As for the trial practice, studying this document thoroughly, not only will be able to provide the powerful reference to the next criminal trial, moreover will further stimulate judge to think changes ability, facing the new crime method to the traditional crime constitution challenge, the academic society will utilize in the solid legal science theory solution practice the new question, will make the accurate analysis judgment. This article various viewpoint obtaining which and guilty discussing holds from innocent discussing and carries on one by one to its basis reason disputes, key to discusses innocently "unjust enrichment said" and discussed guilty "the larceny, the cheating crime, invades the crime""The Three Represents’"s viewpoint to conduct the comparison research.This article takes the behavior nature of Tian Weijiang as an objective point, from holds innocent and guilty various viewpoint obtaining and carries on the induction to many viewpoints, also carries on one by one to its basis reason disputes, key to discusses innocently "unjust enrichment said" and discussed "to invade the crime" guilty these two most representative viewpoints to conduct the research. unjust enrichment is one kind of fact condition, took the debt the occurrence basis, it may transform the crime under the controlled condition, also may with crime coexisting, the two not have the inevitable repel relations, Tian Weijiang takes away Li Xiaoqian the belongings the behavior if constitution unjust enrichment, but in gain not after the benefit appropriates to oneself, refuses to return, already transformed for the criminality, belonged to the criminal law appraisal category.At present, the trial court that Tian Weijiang takes a secret means, while the victim does not pay attention to the property, take for its own behavior, consistent with the theft of the objective requisites, identified as crime of theft; trial court that Tian Weijiang has taken the fact from fiction, conceal the truth means, so that the victims based on trust and take the initiative to the luggage to him, Tian Weijiang took the opportunity to take away take forcible possession of property and give punishment, accord with the objective constitutive elements of crime of fraud, identified as fraud.This article advocates many viewpoints about innocence and two levels of courts, the guilty verdict results one by one analysis, concluded that Tian Weijiang’s behavior does not constitute a theft, also do not constitute a crime of fraud, but should be set as the crime of embezzlement. Tian Weijiang in the care of luggage process, property away and dispose of it, the purpose of illegal possession is exposed undoubted, its behavior and the result is the main objective of the high degree of unity, in line with the characteristics of refusing to return. If the Tian Weijiang to invade the convicted of crimes, which can ensure the balance of criminal responsibility, but also can realize the unification of legal effect and social effect.