Concerning The Behavior Of Accommodation Of Leading Qualitative Without Money

Accommodation in advance without money accommodation behavior, refers to the person in the hotel after dinner or after hotel accommodation is not the idea of paying and avoid paying behavior. For the accommodation of leading money is the accommodation of behavior, this article discusses and analyzes the pure escape and tricks and run two occasions. Firstly, this paper summarizes the accommodation of leading the money is the accommodation of behavior and the legislation of all countries. Simply refers to escape occasion while not sneak out, the trick to escape occasions a seemingly pretends to send no money with people or use such as an excuse to leave the restaurant or hotel. No money for accommodation behavior, and in some countries such as Canada, France and other specially made clear stipulation in law, the law did not make clear a regulation in our country. Then, this article lists the currently in theory frame for room and board type without money accommodation behavior qualitative some debate. To trick to escape, disciplinary awareness unnecessary said supporters think the behavior of businesses to allow the offender out objectively is a kind of disciplinary actions regardless of whether the subjective knew that they were in the disposition of his property, and thus constitute a crime of fraud. Put forward dispose of the doctrine of easing the behavior of the scholars think that the stores though not sanction behavior of crime of fraud of the standard, but make the creditor's rights in a state of relaxation, can be used as a disciplinary action to ease understanding, also constitute the crime of fraud. Disciplinary consciousness, on the other hand, need to say that scholars are opposed to the behavior as a crime of fraud, they thought that the victim in the crime of fraud is not only to have objectively disciplinary actions, and subjectively must have the consciousness of the delivery of goods, by allowing the store without money and people go out is not removed from the consciousness of the creditor's rights, not punishment behavior of crime of fraud, does not constitute a crime of fraud. Support for simple escape, other interests included in larceny objects within the scope of the scholars think that the behavior constitute theft, against theft object contains property interests of scholars argue that this behavior does not belong to theft, therefore can only do not guilty. While some other people think that the situation is still as the crime of fraud, otherwise it will appear the situation of crimes is not balanced. In addition, there are people considered to be trick to escape the embezzlement, actor had legitimate possession of the stores of food, should pay the back and flee, and belongs to the behavior of refused to return the legal possession of property, make crime of occupation. The crime of contract fraud supporters that the acts of destruction of the order in the market economy, is the location of the crime of contract fraud trick.Professor Liu Mingxiang thinks this behavior do not guilty processing is not appropriate, in order to avoid disputes should be without money accommodation behavior imputation alone. Professor Zhang Mingkai instead, however, thinks the accommodation of leading without money accommodation behavior are neither theft or fraud, and does not constitute a crime. Based on the current appear on these theories, the article then analyzed. First analyzes the distinction between civil law and criminal, trick to escape in the stores allow behavior whether going out for the punishment of crime of fraud of the person. Then analysis cannot be identified as the cause of the crime of fraud of the escape behavior alone. Finally pointed out that money is the accommodation has does not belong to civil illegal ACTS, and constitutes a crime. Accommodation, leading situation trick to escape act constitutes a crime of fraud, pure escape behavior also constitute the crime of fraud.