Research On The Problem Of Theft And Steal And Cheat Intertwined Object

The case selected in the paper belongs to typical criminal case of intertwined steal and cheat, and actor in the case has performed behaviors of both theft and deception, and the complexity of the behavior has brought great difficulty to quality of this type of criminal case. The author carries out analysis on the legal issues involved in the case, concluding the quality of the selected case on the basis of learning and borrowing theoretical perspectives on criminal law from senior scholars.This paper is divided into four parts:The first part has selected cause of action and introduction of the case. Cui obtains illegal benefits of 1.4 million yuan by stealing Chen's real estate license and asking Yan with similar looks with Chen pretending Chen to handle the required related documents of change in housing property and then transferring Chen's house to Shao.The second part mainly makes analysis on the disputed focus of the case. The disputed focus of the case is mainly: the understanding of the criminal object in crime of theft; one of the core controversy and focus is that whether the property right certificate can become the criminal object in crime of theft; the key point of demarcation between crime of theft and crime of fraud is the core issue is the quality of the criminal case with intertwined steal and cheat.The third part is legal analysis of contending focus in the case, making an in-depth analysis of theoretical knowledge of criminal law involved in contending focus of Cui's case, and the author's own views are indicated.Firstly, the criminal object of theft crime is analyzed. As it can be seen from the provision of Article 264 in the Penal Code, the criminal objects of theft crime are public and private properties. Since there is no specific elucidation of connotation and extension in legislation, each theory sticking to his argument theoretically, no consistent conclusion arrives at. Therefore, the implication of "caiwu" needs to be interpreted accordingly. In Xinhua Dictionary, the "cai" is interpreted as money and supplies, while the "wu" is explained as specific things except man. Therefore, accurate understanding of the property for criminal object of crime of theft shall embark on both aspects of "cai" and "wu" literally, that is, analysis of property values and form of property. Through the analysis of the property value, the author believes that as long as the stolen property has exchange value(objective value) or value in use(subjective value), it can be criminal object of theft crime. Through analysis of property forms, the author believes that there are res incorporales in the belongings authorized in China's criminal law. Through the analysis whether the real estate can become the criminal object of theft crime, it is concluded that the real estate cannot become the criminal object of theft crime under normal circumstances. Based on the analysis of the value and form of the criminal object in theft crime, it is concluded that property document of title can become the criminal object of theft crime and the rationality that property document of title can become the criminal object of theft crime is discussed, namely, the ground for being able to the criminal object of theft crime.Secondly, analysis on objective behaviors of fraud and theft crime is made. The crime of theft means that actor goes against possessor in objective terms and that the property is transferred to oneself or to the possession of a third person. The need for secrecy of act of theft is discussed and it is crucial to grab the most essential characteristic "secrecy" of theft act for accurate analysis and identification of crime of theft. The discussion on the objective behavior of crime of fraud should the manifested in five stages, which namely includes the implementation of fraud for actor, recognizing errors that the other side generates or continues to hold, disposition(or delivery) of property based on the recognition error for the other side, property achieved by actor or a third party, and suffered loss on property for the victim.Finally, on the basis of analyzing objective behaviors of crime of theft and frauds, the main theories on demarcation between crime of theft and crime of fraud are sorted out, and the qualitative approach to criminal case of intertwined steal and cheat is summarized-"demarcation method of combined constitutive theory of act of disposition and behavior development”.The fourth part has drawn the author's conclusions on the quality of the case. By means of combined theory and case, it is illustrated Cui's conduct does not constitute crimes of fraud and theft, but Cui's case should be characterized as crime of theft.