Crime Of Illegal Disposal Of The Property Of The Sealing Up,distraining, Freezing

Crime of illegal disposal of the property of the sealing up, distraining, freezing is the revision of the "criminal law" in 1997 when a new crime, the supreme people's court according to the spirit of article 314 of the criminal law in 1997, in "about execution <criminal law of the People's Republic of China > determine the regulation of charges" specified in the crime of illegal disposal of the property of the sealing up, distraining, freezing.The regulation of our country in the legislation about this crime is not much, partly led to this crime in the crime constitution and that there are many controversies and difficulties. In this paper, the crime constitution of this crime as the breakthrough point, to explore the various disputes of the existence of this crime on the crime constitution and evaluation, and then puts forward its own views; This paper discusses the difference between this crime and similar charges, the process of this crime in the judicial cognizance and similar charges on difficult problem; In addition, in this paper, on the basis of the foregoing discussion, how to solve the problem of the difficulty in cognizance crime are discussed, and on how to perfect the legislation and the judicial recognition of this crime put forward its own views.This article is divided into three parts altogether.The first part discusses the crime constitution of this crime and controversy. Discussed in detail: this crime in the criminal object of dispute; This crime in the crime objective aspect of the dispute(the crime object of the crime are separately discussed in this paper, the behavior way, the plot of the disputes, and emphatically discuss this crime in "serious" on the degree of master problem); This crime on the subject of controversy; On the subjective aspect of this crime.The second part of this crime in the judicial cognizance of the difficult problem is analyzed and discussed. This part is divided into two parts: the first part analysis discussed the difference between this crime in judicial practice and similar charges, discusses how to in the heart of the hard case crime differs from other similar crimes so as to avoid wrong convictions;The second part analysis the accomplished and attempted of the crime problem is discussed.In the first part, the paper detailed discusses the crime and refused to carry out the crime of ruling, theft, intentionally damaging property, differences of obstructing public business andrecognition, and on the basis of this puts forward the problems existing in the judicial cognizance of this crime.The third part is about the advice on how to perfect the legislation and the judicial recognition of this crime. In this part, the paper puts forward the following three Suggestions:one is the suggestion about the "serious" as soon as possible, to ensure that the judicial authority of this crime, there is a clear case and trial basis; Second, expanding the scope of this crime in the "property", suggested to extend the scope of the "property" appropriate to some administrative organs under the special circumstances of sealing up, distraining,freezing property; Three is based on the consideration of the reality of this crime, in order to fully protect the legal interests of this crime, proposed to this crime subject of crime of expanding into the unit.