Possession Of Property Of Possession Cognizance Of Judgment

Property crime is a crime against property, protect the legal interest is public or private property ownership and possession. Property crime according to criminal intention content is different, generally can be divided into three types. The first is for the purpose of illegal possession of the crimes of property violation is the possession of the property crime, such as theft, embezzlement crime, the crime of robbery. Second is to appropriation for the purpose of crime of property violation is misappropriation of property crime, such as the crime of misappropriation of funds. The third is to destroy property is the intentional content of the crime of property violation that damage to property crime, including the crime of intentional damage to property and the crime of sabotaging production and business operation. Because the property crime contains several types of crime and ten specific charges, is very complex, so in theory and practice, we should how to distinguish between crime and non crime, property crime, this crime and other crime, has become a very important issue. As for the more common and complex occupies the property crime for the property crime in the crime and non crime, this crime and other crime judgment important. Taking Jiang and other four theft case as an example, to occupy identified as analysis angle, distinguishes the most easily confused with the possession of the property crime of theft and embezzlement crime, thus obtains enlightenment: With the identification of possession as the breach of crime and non crime, property crime of possession of the demonstration and analysis of this crime and other crime, often can form analysis of clear thinking, more quickly and effectively to the case to make judgment, to better guide the judicial practice.This paper consists of two thousand words, is divided into four parts, respectively is the legal issues related to the basic situation of the case introduction, analysis, analysis and conclusion, this case study implications of the case.The first part, the basic situation of the case is introduced into the cause of action, the introduction of the case, differences of opinion and debate of four small parts, the three focus of dispute led to the case: one is buried the silver is belong to the criminal law of the crime of embezzlement object; two, the silver where there has been a transfer of possession; three, Jiang and other four constitute the crime of theft or embezzlement.The second part, the legal analysis of related problems is the priority among priorities analysis in this paper and is also the basis for the. The first part of the definition of the buried object in criminal law, crime of embezzlement in that buried object belongs to all unknown things. Then, to make a distinction between the possession in criminal law and in civil law, possession of the prominent feature in the criminal law, avoid in the analysis of problems and confusion in the civil law possession. And then on the possession of identification are discussed, the possession of that needs to be judge occupies the subjective factors and objective factors. Finally, combining the characteristics of the case itself requires discusses the general theory of embezzlement and theft of the buried object distinction, laying the groundwork for the case analysis.The third part, analysis and conclusion of this case, combined with the facts of the casefrom the possession of that starting at forward, that the case should be as guilty of attempted theft and embezzlement crimes conclusion.The fourth part, the Enlightenment of the research of this case, this part of the paper is summarized and sublimated, made by identification of possession as the breach of crime and non crime, property crime of possession of the demonstration and analysis of this crime and other crime, often can form analysis of clear thinking, more quickly and effectively to the case to make judgment, better guide the judicial practice enlightenment.