Analysis On Criminal Regulations Of Illegal Possession Of The Property Of The Deceased

Modern society, often the case of the right to life and property rights have beeninfringed. Judicial practice in the performance of the following three categories: one isto take the fiscal situation in the robbery and intentional homicide; intentional homicidea spur of the moment to take away the case of deceased property; Another unrelatedthird person took the deceased the case of the property (here unrelated third party leadto the death of the victim). In the first case, the behavior should constitute robbery. Thisis mainly because the perpetrator subjective robbery deliberately killed by violence inthe most extreme form of robbery, objective implementation of the establishment of therobbery, in line with the principle of subjective and objective unity of conviction.Behavior embarked killings began infringement victims alive possession behaviormeans. Even obtaining property behavior after the death of the victim, the achievedbehavior just infringement lifetime possession behavior, therefore, to kill as violentmeans by extortion, infringement of the behavior of the possession of the deceased andthe victim regardless of the possession of the heirs, also has nothing to do with thepossession of the deceased. Pointed out that the Supreme People’s Court,"How toConvict robbery, intentional homicide cases approved in May2001: the The behaviorartificially rob premeditated intentional murder or rob the belongings process uniformsvictim revolt of intentional homicide, robbery, convicted and punished.The latter two cases involving illegal possession of the deceased belongings qualitativeproblem, or whether it is in the judicial practice in criminal law theoretically views onthis issue are controversial. Both cases is the article you want to focus on the lies, forwhich the two types of behavior qualitative depends critically on the ownership of theproperty of the deceased, there are many doctrines that theorists, such as "dead occupysaid","successor possession that, deceased occupy said,"and so on. These doctrinesraised no good to provide a clear standards and principles of practice is uncertainty onthe above behavior.I try the form of case studies to explore this issue, and reasonablyuseful reference based theory of of possession meaning and elements in the criminal lawto pursue, as well as the concept of possession in civil law, and by the analysis of sometypical cases on presumed heir possession and presumed heir possession implement saidin a related case, to provide a theoretical support for the judicial practice of illegalpossession of the property of the deceased how qualitative analysis in the last part of this article.