Research Into Crime Of Encroachment

As a typical property crime, crime of encroachment has many difficult questions.Because there are many different opinions in the crime theory circles about crime ofencroachment. And some of these opinions also have a bit of flaws. The author hadresearched many theory materials about it. During the study of the scholars’ theories,there came out this article.There are five parts of this article. And the first one is about the object of crime ofencroachment. The main content of this part is to discuss “the property incommendation”. This part also has three sections, which content the discussion of theelements of the property in commendation. First of all, the article has analyzed thathow to interpret the meaning of “custody” and what behavior should be confirmed asit. The second section is to interpret the connotation of “the others”. And the lastsection has analyzed the meaning of the “property”. According to the differentstandards, the property should be dived into many different categories. There are thereal estate, indefinite thing, intangible and so on. This section has discussed that ifthere is any possibility of them to be the object of crime of encroachment separately.The content of the second part of the article is to discuss what the “fact ofpossession” is. This part has two sections. One of them is to analyze that what themeaning of the “fact of possession” and the several kinds of it which are caused bydifferent reasons. These reasons include custody, lease and security and so on. Theother has discussed the identification standard of the “fact of possession” in judicial practice.The exhibition of the criminality is the main content of the third part. This part hasdiscussed the implication of the two kind criminalities of crime of encroachment anddefinitude relationship between them. The forth part of the article has analyzed thetwo difficult questions of crime of encroachment in judicial practice. One is the formof the action, the other one is the limitation of action. And the last part is theconclusion the first four parts by convention.All though the article has discussed some difficult issues of crime of encroachmentand worked out some conclusions, but these conclusions are not flawless. The authorwill continue the study of law theories to perfect my conclusions.