On The Criminal Determination Of Escaping After Getting Property By The Name Of Borrowing

Borrowing other people's property is very common in daily life, But in recent years escape after getting property by the name of borrowing often occur, for the treatment of such cases result in judicial practice indeed there is a considerable difference. Escape after getting property by the name of borrowing refers to the act in order to obtain other people's property illegally, the use of a victim's trust in the perpetrator, to borrow the false behavior means lend their property fraud victims, and not the victim after obtaining property may result in injuries nor damage to property case, carry belongings out of the range of victims dominate the behavior, that is after peaceful means to obtain property and borrow peaceful way to get rid of the victim to carry the belongings of property control behavior.Currently, there are three controversial point about this behavior: the fraud, the snatch and the theft. In the point of fraud, the victim is based on the fact that the perpetrator of a fictional misconceptions or judgment, voluntarily handed over financial actors, such property fraud perpetrator purpose to succeed, this constitutes fraud in the disposition, which crime in line with the objective of constituting fraud.In the point of snatch, the victim unable to prepare for the case, the behavior of people openly carry belongings escape behavior, it should be recognized as snatch crime. In the point of snatch theft, the perpetrators of illegal possession for the purpose of peace made by borrowing other people's property in a manner consistent with the behavior of the constituent elements of larceny theft should be recognized.Each of the Doctrine of who were from different perspectives put forward their own reasons and basis, but there are varying degrees of some unreasonable in those opinions.To be able to accurately identify escape after getting property by the name of borrowing, first clarify the theoretical issues, For example, Lending of victims whether fraud in disposition, how to identify the perpetrator has made property "possession", carrying belongings to escape the perpetrator openly and secrecy become identified whether the prerequisites snatch crimes and larceny. In order to accurately determine the escape after getting property by the name of borrowing, first should analyze the behavior of people with false borrow means of concealing their illegal possession of property of others the purpose of defrauding the trust after the victim, the victim lend their property if the possession of the property transfer occurs. If the victim's property lending behavior possession of theproperty transfer, the behavior of people with false borrowed deceive the victim, so the victim made a wrong understanding of the disposition of property transfer of possession, the victim suffered a loss of property, obtaining property by the perpetrator after the escape behavior should be regarded as fraud. If the victim of property lending behavior does not occur in the transfer of possession of the property,then the perpetrator obtaining property but did not get possession, but by escape behavior objectively undermined the victim possession of their property in order to establish the perpetrator of the property new possession. Whether the perpetrator openly carry after obtaining property or belongings to escape secretly carrying belongings to escape, are all contrary to the behavior of people in the victim's subjective will take the premise of peaceful escape fiscal behavior should be recognized theft.