Research On Behaviors Of Dealing With Property After Stealing

The behaviors of dealing with property after stealing, which are the further behaviors of dealing with the stolen property, are always closely related with the stealing behavior. When it comes to the appraisal of this kind of behavior, some scholars thought it should not be punished as this kind of behavior is not equipped with the independent constitution condition; another group of scholars proposed that dealing with the stolen property is equipped with necessity of committing a crime and it should be punished. While others hold the view that this sort of behavior should be treated independently and established the combined punishment with the stealing crime. There does not exist a holistic concept of appraising the behavior of dealing with the stolen property in the realm of behavior theory in China. And this leads to much disorder in criminal judicial practice.Based on the theoretical origin of behaviors of dealing with the stolen property and through summarizing and commenting the theories about dealing with stolen properties in Germany, Japan, China mainland and Taiwan district, the research’s prerequisites and logic starting points are well established. Through clarifying the definition and scope of various behaviors about dealing with stolen properties, we can implement a systematical classification of behaviors of dealing with stolen properties, and conclude the traits of different types of behaviors of dealing with stolen properties. Based on testifying of the traits of different behaviors, we can validate the behaviors of committing a crime. Then we will implement an analysis of the quantity of crime from the angle of the theory of the quantity of crime existing in China and Japan. Eventually, we will arrive at the basic principles of appraising the behavior of dealing with the stolen property.In addition, this thesis tries to solve the problems of the combined crime and the limitation of prosecution from the angle of the application of dealing with stolen properties. Through combining the appraisal of dealing with stolen properties with judicial practices, we can fulfill the target of guiding the practice with theoretical results and remedy the current situation in China’s judicial practices when the behavior of dealing with stolen properties is involved.