The Analysis On Disputes Of Encroachment

The crime of encroachment is the crime of property violation, which is addedinto Criminal Law by the legislature as the270th item in1997. It is made based on thepractical needs of our social development and the legislative experiences at abroad.The establishment of encroachment plays an important complementary role in ourpenal code. Meanwhile, it’s highly significant for cracking down the illegal behaviorsand protecting citizens’ legal property from damaging.With the rapid development of our economy, culture and society, there is a lot ofagreement on the application of encroachment crime. However, due to the abstractionof the legislation and the difficulty in realizing the related judicial interpretation, thecurrent provision of encroachment is hard to satisfy the real social needs and thereforehard to give responses to the controversial problems. Based on this phenomenon, thispaper attempts to discuss the problems related to the encroachment crime. This articleis composed of the following three parts:The first part discusses the problem of definition of the encroachment behaviors.It makes detailed discussion on the statement of the crime indictment, including withthe behaviors involved with encroachment, such as “illegally possessing somethingfor oneself”,“refuse to turn back”,“refuse to turn out”.This paper carries out thedetailed research on the relationship between them through case analysis.The second part is about the problem of defining the objects of encroachment.This part makes a profound discussion on the true meaning of the encroachmentobjects, such as the “property in commendation”,“property forgotten”,“buried byanother person”. Besides, this part also discusses the question that whether the “sealedmatter” can be added into the object of encroachment.The third part is about the problem of distinguishing the encroachment crime andthe related crimes. This part carries out an analysis on the differences between theencroachment crime and larceny crime as well as the differences between theencroachment crime and the fraud crime, which are easily confused with each other.This part makes the conclusion on their similarities and differences based on the theory and practices and deeply explains the differences between the related crimesthrough case analysis.