The Legally Qualitative On The Behavior Of Personation Rental Real Estate

As a typical Cases staggered both in Crim inal law and Civil law,how to definate the legally qualitative on the behavior of personation rent al real estate, has becom e into a difficult problem with the curren t judicial practice of criminal law theorists argue. Specifically speaking, the dispute focused on the f ollowing three aspects: Firstlly, what is the behavior of real es tate rental fals e civil dispute or a crim inal identified the Crime; Secondlly, what is the beh avior of real estate rental false illegal housebreaking identified or property crim e should be held crim inally responsible; Thirdlly, in the context of property crime, false rent real property acts constituted theft or fraud. Thereafter, this article is intended to be a false case of real estate rental as a starting point, using the method of proof established by one after the first break of the above analysis and demonstration to be the focus of controversy, And issues related to some sort, research, and ultimately concluded that on this basis, in order to be able to impersonate the case of real estate rental and related issues in theory and judicial practice Mediating contention m odest contribution.. This article is divided into five chapters except for introduction and epilogue.Article Idemonstrates fromclarifies the concept of real estate personation rentals behaviors. The chapter com pares the pe rsonation rentals with stealing rentals(cheating rental), secretly use and theft in utilization. In ad dition, the chapter po ints out three characteristics and two elements of personation rentals: three characteristics refer to th e concealment of occup ation, deceptiveness of rent ing means and p rofit purposes of occupation secretly. Two elements refer to the behavio r element and objective element respectively. Behavior refers that personation rentals housing must be illegal possession of others’ house, and the owner do not know it; the objectiv e elements refers to the purpose of obtain illegal rent by personation rental. On the basis, the author believes that the personation rentals of real estate behavior refers that in the intention of illegal possession, people illegally occupy others’ house and obtain th e rent by personation rental s without owner acknowledgement.Article II demonstrates from argues that personation rentals are not civil dispute but crime. First, in the view of law expressions, it is illegal and seriously harmful to society that personation rentals actor uses illegal m eans to intrude others’ house, and rent the house illegally to obtain the rent, which is crim e not simple civil dispute. Second, though personation rentals are unau thorized disposition in civil law, it does not impact the identification of crime through analysis of behaviors. In other words, the civil law ef fect of unauthorized di sposition has nothing to do with the identification of crime. What’s more, though personation rentals and rent achievement is unjust enrichment in civil law, it cannot be crime obstructed. Finally, personation rentals behaviors violate the obj ect of related crimes of property by analysis of direct object of personation rentals, which should be identified as related crime directly.Article III demonstrates from three dimensions that renting other people’s real property out in deception under an assumed identity should be determined as unlawful intrusion. First, in terms of the overall behavior, it seems to be a little one-sided and lack of objectivity if you determine it as unlawful intrusion. The author argues that all of the legal relationships in this case share one illegal possession purpose pointed to the same house. All the relati onships are based on the fact that the defendant cheats the tenant in the house’s true ownership and the whole process is closely integrated as a whole. Second, it will also v iolate the principle of suiting punishment to crime if you define the defendant’s behavior as unlawful intrusion. Defendant changes the lock for rent, in other word s, cheating for rent is the core beh avior and final purpose. Besides, in general, the legal penalty of property crimes is h igher than that of unlawful intrusion. F inally, unlawful intr usion is a behavior that one person initiatively destroys other people’s peaceful life and residen ce in public. However, in this case, the defendant doesn’ t break into other’s door therefore shall not be defined as unlawful intrusion.Article IV demonstrates from two dimensions that defendant’s behavior shall not be determined as Larceny. On one hand, in my view, real estate is not the crime target of Larceny. Although real estate is not excl uded from the crime target of Larceny by china’s criminal law, real estate larceny is only a theory po ssibility. On the other hand, the defendant has the purpose for illega l possession which is different from that of theft in utilization, therefore defendant’s behavior cannot be defined as theft.Article V demonstrates from the front pr oved bogus rental of real estate fraud behavior should be identified. First, the presence of both property damage cases bogus rental of real es tate there are victim s. View property dam age and the victim and therefore can not constitute the crime of false rental of real estate property acts against some scholars put forward does not exist, I can not agree. The author believes that the behavior of the real estate re ntal in false cases, as long as the generation of rental housing rent, the rent should belong to all heads of household. As long as any person in any way undermine the head of the household to rent legal title holder in relation to a matter of course by the presen ce of damage to property and becom e victims deceived the people here is the ten ant, who deceived the v ictim and not consisten t. Secondly, the behavior of real estate rental false cases, the victim and deceived people who, though inconsistent, but the sam e constituent elements of the triangle of fraud and fraud, the fraud identified nothing wrong. Fi nally, the rules applicable to judicial Overlapping Criminal and Civil cas es, the rental of real estate false behavior should be held criminally responsible for fraud. I believe that the application of law in similar acts of false rental of real estate such factors but also contains both tort criminal cases in the component, we should follow the "crim inal behavior to see, to see the relationship between civil" basic rules, from this point of view, as long as the behavior of the subjective purpose of illegal posse ssion of rent, implem ented cheat rent behavior objectively, when it satisfy the elements of fraud.