Research On The Legal Problem Of Stealing Back The Pledge Car For Loan

As car large-scale popularization,its role as a property in social economic life is becoming more common.With social lending more and more car for guarantee is a prominent performance.In the social activities,crime surrounding the collateral-car and the loan happens gradually,"stealing the car back after the car pledged" belongs to one of the more see situation.It is more complicated in practice.Studying the behavior systematically can provide theoretical support for the judicial practice,and promote the practice to correctly deal with such cases,and guarantee social economy orderly development;This article is divided into four parts.The first part puts forward the problem.It lists a typical case to describe the specific case of the problem discussed,and then lists two other examples to assist in the description,which shows the different decisions in practice.Through case analysis,it points out the problems that need to be thought.In the typical case,the defendant planed to cheat loan by means of pledge car and then steal the car back and eventually implemented.The first and second instance court find that actor Yin Moumou guilty of theft,but the first court think the approval car price for identification as the crime amount and the second court think loan amount as the amount of crime;In the other two cases the first and second instance court find the defendant guilty of theft,but the amount of the theft is inconsistent.These cases are characterized as the crime of theft,but the theoretical basis is not clear and not comprehensive,only from the car theft proof section loop constitute theft,to avoid discussing behavior of cheating loan,the lack of convincing conclusion stiff pale.Qualitative discussion is necessary.The amount of theft also reflects the controversy about the larceny related theory have different views,therefore,in the face of the qualitative and the amount of confusion,need to think about three questions:Identification of a number of crimes,identification of the crime,identification of the amount of theft,and this is the premise to handle correctly the case of such case.The second part introduces the five main processing point about such cases.The first point of view:the behavior of pledging the car for a loan is a civil action,which doesn't constitute crimes.The behavior of stealing the car back can be regarded as stealing back all their belongings,which also doesn't constitute crimes.The second point of view:the behavior of pledging the car for a loan constitutes crime of fraud,and the behavior of stealing the car back constitutes theft.The two behavior is implicated relation should be given a felony penalty.The third point of view:under the purpose of illegal possession of the loan,the behavior of pledging the car for a loan and the behavior of stealing the car back can be regarded as a whole.The victims pay the loan based on incorrect understanding for the deceptive behavior.While steal the car back and possess the loan,such behavior constitutes theft.The fourth point of view:the behavior of pledging the car for a loan is a civil action,but the behavior of stealing the car back constitutes theft.The fifth point of view:the behavior of pledging the car for a loan constitutes crime of fraud,and the behavior of stealing the car back constitutes theft.The two behavior isn't implicated relation,which should be punished by all the crimes.The third part introduces the analysis of the theoretical problem involved in such cases by the author.Such cases involve the legal interests of property crime,crime constitution,crime number theory,determination of illegal possession intent in the crime of theft and other basic theoretical issues.Through the deep analysis of the basic theoretical issues,this article will find the theoretical basis for solving such cases,and establish foundation for solving the problem.The fourth part introduces the judicial practice analysis of such cases by the author.The core issue is the determination of the nature in such cases.On this basis,the second question is to judge the quantity of offence,and determine the behavior as offense which is one crime or several crimes.First of all,based on the crime constitution in the theory of crime,this part will judge whether the behavior accords with the criminal constitutive requirements,and how many crimes the behavior is conformed.Thereby,determine the behavior as offense which is one crime or several crimes.And then,solve the problem of crime amount.Finally solve the problem of penalty.