The Qualitative Research Of Behavior Whic H Destroying And Covering The Ious From The Creditors

To evade the debt obligor, infringes upon the lawful claims of creditors that harm the behavior of the social economic order, occurred frequently in recent years, on the civil law, this defaulted behavior seriously violate the principle of good faith, in criminal law, cause the risk of the property rights of creditors to loss, also harm the market economic orde r. To obtain ious from creditors and conceals or destroys the behavior should be how to deal with, controversy in theory in C hina’s present criminal law, and in the judicial practice for this kind of behavior is difficult to have relatively correct and appropriate qualitative punishment. At present, represented by the infringement of creditor’s rights debt relations behavior of property crime is increasing, although laws tend to protect private property, but after all, there is no clear provision or judicia l explanation the connotation of the ious into property, this may cause difficulties when the trial, and in the face of the different types of defaulted behavior, Chinese criminal law and how these behaviors are identified need to become one of the researc h topic. Through analyzing, this paper believes from creditors obtain ious and conceals or destroys the behavior of duality, and from the action object specialization and the compound for further discussion of the result.At present, illegally obtaining io us and conceals or destroys behavior qualitative dispute mainly has "Snatching Crime", "Crime O f Robbery", "Larceny" and "Embezzlement", "Intentional Destruction Of Property Crime" and said "Acquit" and so on the different point of view. These views agree in certain situations, iou can be used as the object of property. At school, but this view is one-sided and absolute, "C rime O f Robbery" point of view on the reason for this crime object and behavior is too narrow, weaken the robbery object is the character istic of double object; "Snatching Crime" and "Larceny" mostly from ious attributes that, for the behavior that is not comprehensive; And "Embezzlement" embezzlement from analyzes the characteristics of "refusing to return"; Said "Intentional Destruction O f Property Crime" mainly from the essence of damaging property, definitely the iou is the object of property crime, the destruction of ious or undermine its utility is a violation of property rights. "Acquit" thought in social common concept, ious has no economic value, the evaluation for property or property benefit violates the principle of legality. Because from creditors obtain ious and conceals or destroys behavior has dual nature, so the qualitative behavior of the need to distinguish between different forms of behavior, performance can be divided into two types, namely the violent ious behavior and non-violent behavior, and getting ious after hiding behavior for innocence or physical damage to the behavior of ious directly. Through the analysis of different types, combined with ious in borrowing money has proved relations on the behavior of role, trying to find the illegally obtained accurate qualitative ious and conceals or destroys behavior.Above all, to obtain ious from creditors and conceals or de stroys behavior qualitative correctly, not simply pick one defining the point of view, to see the iou in proving the role of the creditor’s rights debt relations, and on this basis, the comprehensive illegally obtaining ious and conceals or destroys the be havior of a variety of forms.In addition, to obtain ious from creditors and conceals or destroys behavior, also need to further clarify the following questions in theoretical aspects: iou’s relationship with property or other interests; Ious, as an essent ial part of creditor’s rights debt relations of document of title to illegally obtaining ious qualitative and conceals or destroys behavior what effect; Crime and illegal possession amount orders for this kind of behavior, what is the effect on the crimina l pattern.