Law Thinking In The Case Of Stealing And Selling Real Estate By Gong

In our country, most scholars believe that the object of larceny objects generally is movable, but with the change of The Times, the real estate for most people the most precious possessions, in view of the real estate civil cases increased year by year, among them stolen accounts for the behavior of the real estate is more and more, civil legal adjustment has been unable to protect the safety of the public real estate property alone. In legislation and legal interpretation under the premise of relative lag, the real estate as the objects of theft of stolen accounts for the behavior of the real estate with the criminal law is to adjust the effective method to solve the rampant theft accounts for real estate, also meet the people objectively to strenthen the objective demands of its real estate legal protection.In the case of "Gong Mou stolen his father property", using the basic legal theory and knowledge to extract from the case involved in the legal relationship and clear the dispute focus. The author embarks from this case the focus of controversy, first using the basic theory of law to the case law applicable to make your own opinions, and then through the criminal law of the constitution of the legal elements of contract fraud, theft, and the meaning of object in civil law as well as to the apparent agency, the analysis of elements of the good faith, to the case for analysis and research, put forward the real estate can be a larceny object this view, and on this view, then deny this case judgment, to support this case in criminal field should be set up on the theft, the contract of civil field, the real estate in the case shall be applicable in good.The first chapter, through the "Gong Mou speculation his father’s real estate" a case and court on the brief introduction of the judgment to the case, to refine the case involved in all kinds of legal relations, and lists the case for all kinds of disputes.Second chapter, because this case involving civil cross, therefore the author first to in dealing with people’s procedural punishment cross case put forward their own opinions. Through legal theory and judicial practice to verify the "first the punishment queen people" this approach although there are drawbacks, but from the power of the national conditions of our country current judicial system to consider, is the most suitable for the cases of civil cross pattern at present.The third chapter, in the use of punishment law about the related theory of contract fraud and theft and civil law where the agent and the constitution of the good faith theory, etc., for the case to all kinds of disputes, finally come to the conclusion that this case does not apply to the contract fraud, presents the view of the case may establish larceny.The fourth chapter, combined with the case, through to the civil law and criminal law in the category and the theft of the elements of the legal analysis for the view of "real estate can be a theft object", and to prevent all kinds of theories on the real estate as larceny object contradictions and legal theory, using the theory of criminal law from the legal lag and urgency for protection of real estate to illustrate the necessity of "real estate can be a larceny objects" and practical significance.