Research On The Criminal Evaluation Of Property Destructing Act

In the crime concerning about property， the act of destructing property happensoccasionally. Its impact of criminal evaluation to property crimes is naturallyself-evident. Although the criminal law stipulates the crime of intentional destructingproperty， obviously it cannot cover all the evaluation of destructing act in propertycrimes， meanwhile the theoretical circle is also lack of systematic dissertation.According to this， regarding the destructing act which is ignored by the legislationand criminal law theory， this essay will provide systematic analysis and research， toexplore its criminal evaluation to the property crimes， which means the influence onconviction and sentencing. Comb the related theories of destructing act， and at thesame time， define the property crimes when involving destructing acts and otherspecial circumstances. This article is divided into the following four parts：The first part of the article is the dissertation of criminal evaluation of propertydestructing idea. Comb the theory and controversy concerning about the purpose ofillegal possession，and define the connotation of destructing idea，which is consist ofdestructing intention and exclusion idea. And according to whether the perpetrator hasthe destructing idea or not， defines the action of driving others’ vehicle.The second part of the article is the dissertation of criminal evaluation of theperpetrating act of destructing. This article lists and analyzes the theory controversyabout the connotation of “destructing”， and meanwhile based on the previous study，this essay puts forward the limited theory of “violation of original use”. For thedefinition of destructing concerning about particular property and circumstance， thisarticle provides a judging method， which makes a comparative judgment between thevalue of property and the cost of restore the original state of property. And analyze twoforms of perpetrating act of destructing， which is physical or functional damage andabandoning or hiding.The third part of the article is the dissertation of criminal evaluation of thedestructing subject. This essay enumerates three special objects， which are animal，negotiable securities and prohibited goods. Through the analysis， this paper comes tothe conclusion that animal and eligible securities can be the destructing object，but the stocks and prohibit goods cannot.In the fourth part of the article， in order to avoid the defects of the theory ofquantity of crime， this essay follows the interpretation method of concurrence theory，to explain the relationship among destructing act， crime constitution and charge ofproperty crimes， and penal code. According to the principles of concurrence theory，divide concurrence problem of property crimes into two sections， which are falseconcurrence and true concurrence. In the section of false concurrence， article analyzethe coincidence of law articles in property crimes which is caused by destructing act，and determine the criminal responsibilities of non-penalty upon post destructing act. Inthe section of true concurrence， discuss and determine the criminal responsibilities ofimaginative joinder， implicated relationship and essential concurrence of propertycrimes， which is related with destructing act.