| Property crime,is a long history of crime,theft is one of the typical.As the object of crime as the object of different forms,the perpetrators of their illegal possession of the way is also different.With the development of society,the growing variety of things,but also makes the way of theft is changing.When the two objects are the main object and the relationship from the object and the object-dominated media,the perpetrator stealing from the object,most likely due to the object of the control relationship between the main object of the state or the value of play.The space between the object and the main object and its non-physical control of the realization of the main object,so that the perpetrators of theft from the object and the existence of the original object is not necessarily the possibility of,resulting in different cases identified Differences in recent years,the number of car keys for the theft of the object is one of the typical.Theft of the difficulties identified from the case,the reason for the first,the relationship between the object and the main object is not necessarily make the behavior of different cases of behavior similar to the behavior may be very different in nature,the second is the civil law and the two areas of criminal law on this issue ignored.Civil law as a civil society law,pay more attention to the convenience of the transaction and the benefits,in order to achieve the best use of the distinction between the main objects and from the object and set up "from the main" rules,and therefore its focus is on the main and the division of things and from the material The dependence on the main object,and from the object to the main control of the state of the impact,it is not within the scope of its concern.Criminal law as the last barrier of social defense,concerned about the original state of social order,it does not care about the relationship between the utility,so in the concept of criminal law,there is no distinction between subject and object.Therefore,the study of theft from the material,just in civil law and criminal law in the study of the gap.On the basis of fully studying the concept and relationship between the subject and the object in the civil law,this paper tries to introduce the countermeasure of the object to the main object and introduce it into the criminal property of the criminal law,and tries to strengthen the existing theory of civil law and criminal law,and to achieve the convergence between different departments of law.The full text of a total of three thousand words,in addition to the introduction,divided into the following four parts:The first part: from the definition and theft of things from the judicial difficulties.When two or more independent objects for a certain purpose of economic cooperation with the play,the main role of the main objects,from the secondary or auxiliary role for the material.In the identification of the matter,because the criminal law and civil law focus on different,criminal law from the object does not need to belong to the same owner of this one.In the judicial practice,because of the relationship between the control relationship between the subject and the object and the spatial separation,the behavior of the different cases,the form of crime and the calculation of the amount are often due to the subjective subjective Crime,objective behavior and objective environment vary and vary.The second part: Study on the qualitative study of theft.Crime is behavior,behavior is subjective role in the objective world of the process,therefore,according to the behavior of the subjective guilty of the different acts of theft from the behavior of things can be divided into different types lead to different qualitative.Theft from the object under different objective conditions of the subjective crime and objective behavior of different ways,can constitute theft,robbery,robbery,fraud or intentional destruction of property.The third part: theft from the material of the form.The first is the standard dispute of property crime.Although the standard of possession of property crime is different,but in the final analysis are "control" and its disguised or "control" as the basis.And the destruction of property damage is less controversial standards,generally considered to distinguish between intentional destruction of property to the perpetrator of the property caused by the amount of large or serious circumstances to the extent of the actual damage to the standard.According to the criteria of the Chinese criminal law theory-the constituent elements are complete,the possession of property crime should be "control" as the standard.The so-called control,refers to the perpetrators of all can be based on property and will be free to apply to the property above,the freedom to achieve the value of the use of property and exchange value of the state.The control of the standard of accomplishment as a crime is an objective fact that has nothing to do with the subjective subject.The actor's will needs to be comprehensive and free,and it needs to combine the nature of the property with the concrete time and space conditions and the cognition of the actor.In the theft from the object,the perpetrators of the theft from the fact that after the fact is already able to apply their own will on the main object,but whether its will to fully and freely apply the need to combine the specific case to judge.Damage to property damage to the amount of property or the seriousness of the plot as the criteria for the completion of the theft from the material,so that the loss of material,resulting in the mainobject no use may be or from the logistics can not be found or recovered but the victim has been If you suffer serious losses,one should form an accomplice.The forth part: Determination of the amount of theft.First of all,from the composition of the amount of material status,in the behavior of different subjective crime and behavior,from the amount of material in the composition of the crime may be the basis for conviction,then identified basis or only sentencing circumstances.Followed by the amount of the amount of material and the amount of the owner of the merger,the amount of the main material included or not,depending on the behavior of different subjective sins under the implementation of the different acts,respectively,may be calculated separately,with the amount of material from the calculation or Choose a calculation.We think that it is non-amount theft again from amount of matter.Mainly refers to the home theft and pickpocketing,is generally believed that home theft is to enter the indoor theft of household property,pickpocketing is in public places or vehicles to steal others to carry the property.Through the combing of the theft and the taste of the home and the combing of the spirit of the legislation can be drawn from the object is the main control of the media,if the perpetrator for the purpose of theft of objects from the object,and theft from the material has been directly,The actual danger and in line with the amount of non-amount of theft should be the amount of the main material can be included in the amount of non-amount of theft.Finally,it is the discussion of the relationship between the time and the amount of theft.After the control of property to produce illegal possession of the purpose of "deliberate" theory can explain,"deliberate after" the "thing" refers to the perpetrators of the implementation of the previous act,and "deliberately" dominated the harmful behavior,should Is the behavior of the perpetrator "using the original unintentional act,or the development of his affairs,or not preventing the occurrence of the results",in fact,the previous act as a prerequisite act as a crime.Therefore,if the perpetrator does not have the purpose of illegally occupying the main object,the amount of the main object can not be determined as the amount of theft.However,if the deceased person produces the purpose of illegally occupying the main object,the subjective and objective object in the purpose of the illegal possession of the main purpose of the agreement,the amount of the owner should be included in the amount of theft. |
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