Legal Analysis Of Rental Housing Case Breaking Others

As the development of society takes off， the simple property offences that we havecome to know of have become significantly complicated， due to the correspondingchanges of the form of offences， as well as that in which the offender conducts theoffences. When enforcing relevant laws， in identifying certain behavior as offence， it isnot uncommon to meet with circumstances where there are numerous offences attached tosuch behavior. Thus， what to convict becomes a question of paramount importance. Thisessay will choose one specific in relation to force-entry-and-rent， and analyze the legalproblems in this case， by analyzing the behavior of offender， the discrepancies betweentheories of scholars， and combining basic legal theories. This essay will first introduceactual happenings of the case， then the disputed legal problems thereof will beshowcased， where the offender’s behavior will be compared with the definition of unjustenrichment， unlicensed agency， theft， fraud and other criminal or civil offences. Thekey point of such comparison would be that the offender’s behavior indeed would not fitsquarely with any of the legal definitions of any of the offences given nor the constructingelements of that legal framework. Therefore， in relation to this case， what to convict thealleged offender in practice becomes also a prominent problem. After presenting andanalyzing this case， combining the current situation of the Chinese legal system， thisessay would boldly put forth the conclusion that the offender in this case should not beheld guilt， in accordance to the principle of nulia poena sine lege. The aim of this boldconclusion is to sacrifice one case for it conviction， but hope to gain further legaldevelopment in exchange therefor， and it is the wish of this essay to provide someconcrete materials for further drilling of legal theory in relation to this kind of cases.