Research On Stealing One’s Own Property Under Other’s Control

There are two similar cases, but the court decisions are not the same results, so the results triggerme to think of stealing himself property under others possession and related issues. The reason of twodifferent results about cases is that they have different understanding of the behavior, fundamentally is adifferent understanding of theft protection benefit. Through the analysis of theft protection benefit, thusdraws the theft protection of beneficial ownership should be the first, second is the possession which isnot confrontation with ownership.Under others possession of personal property theft behavior, also involves the claim later behavior,in theory there are regarded as theft is a crime, crime of fraud and theft and crime of fraud of thecombined punishment for several crimes in three views. In this article, through analysis of claims laterbehavior, after the event a claim can be divided into two cases, the former is stealing behavior does notconstitute a theft claims, the latter is former behavior has constitute theft behavior, afterwards is a claimfor the person to solve the problem of the two different constitute fraud is a crime, the former the latterform of theft and fraud, combined punishment for several crimes should be conducted. Steal propertybehavior under others occupy himself that same need to understand the meaning of possession, in lawfulpossession of the property of state organs shall decide how to deal will be involved in the secondparagraph of article91of “criminal law”, the author thinks that the clause is not a state organ under thelegal possession of property prepare for all state organs, also can’t understand for the protection ofinterest of law of property crime, including possession, but only is prescribed by the state organ in itspossession of property management, the relevant agencies should be in accordance with themanagement, cannot benefit from it or any disposition. Countries the legal possession of protected bylaw, of course, but this kind of possession is not confrontation with ownership, the ownership of peoplestealing state organ under the possession of my property behavior does not constitute theft, whether ornot constitute the crime of illegal disposal of to seize the property or any other crime requires specificanalysis on crime.