Research On The Legal Nature Of Property To Defraud Children’s Behavior

Property crime is an ancient and frequent crime, but the infringement of property types of crimes such as theft, fraud are not innate but along with the development of the society and accompanied by the emergence of private ownership. The rapid development of economy and the increasingly progress of science and technology, makes the property relations and crime means more complicated and diverse, wherefore originally qualitative of theft, fraud has become ambiguous, specious. Means of theft mix with acts of fraud, which also adds the difficulty of the judgment and judicial practice.This paper through Zhang diddled gold necklace in child as the breakthrough point, implying that academic circles different views of the case,then analysis the focus of controversy and lead to legal problems of the case. In this paper, the paper is divided into the following four parts.The second chapter, whether children without capacity for civil conduct can become the subject of possession. By analysis the possession in the criminal law and civil law, including possession of elements, this paper argues that the fact that, possession is control of the property factually, the dominant status. Young children, and even completely lost the ability of identifying mental patients and other persons without capacity for civil conduct can also become the subject of possession.The third chapter, the analysis of whether children have disposition, this paper argues that disposition is the unification of the objective and subjective aspects, those based on the cognition error transferring property or property interests to a person or a third party. Act of disposition as one of the key links in the crime of fraud, is the difference between fraud and theft and even other property crime,which is the most important factor. By comparing the act of disposition in the criminal law and civil law, the main content including whether children have the ability to dispose, the delivery of consciousness and rights.The fourth chapter, whether children can recognize the error, cognition error refers to those due to the actor of fraud behavior incentive to dispose of property or property benefit. Mainly by analyzing the cognition error of the body, the content of the cognition error and the possibility of cognition error. Therefore, if the victim fall into the cognition error, he must have the capacity of recognition.Thence, the author comes to view, defraud of children’s property behavior should be convicted as theft of indirect principal. Possession is a fact, it does not matter whether the body has the ability to conduct and children can be the body of possession. In short, fraud consists of thecognition error and disposition of property act. Children’s behavior can’t meet the quality of fraud.,even though children carry out the behavior of delivery property finally. Children as the tool for the actor committed a crime. And the actor took the illegal possession for the purpose of infringement of ownership. Therefore, defraud of children’s property behavior should be convicted as indirect principal of theft.