The Qualitative Analysis Of Stealing IOUs From The Perspective Of Sentencing Against Conviction

As a proof of creditor’s rights and debts in civil law,IOUs are widely used in transactions,but the criminal law doesn’t make clear provisions on the infringement of IOUs.To take out the debt,the debtor often take the act of stealing,snatching,robbing the IOUs,leading to academic disputes and practical confusion.The discrimination of Crime and Non-crime existed in the Discourse of Stealing IOUs,and the theory of "the guilty" is divided into theft,embezzlement,intentional destruction of property and other different views.The practice of the mainstream position on the theft of bribery is based on theft,but exist following problems: The first aspect is that the standard of IOUs successful theft is different.Part of the judgment is based on whether IOUs is controlled by or damaged by the debtor,and some of the judgment is based on whether the debtor meets the purpose of eliminating the debt by stealing the IOUs,especially in the case of the huge amount of money contained in the IOUs,and the judgment of the debtor,practice will tend to the latter as the standard,identified as theft attempted,in order to avoid the debtor to assume the purpose of heavier statutory punishment.The second aspect is large or small contingency factors of IOUs on the relationship between creditor’s rights and debts determine the crime and non-crime.If the IOUs is the only proof to confirm the existence of creditor’s rights and liabilities,then sentence the crime;if not,then sentence the non-crime,resulting in the same harm behavior is extremely unequal evaluation.The third aspect is the problem of insulting on the theft of the crime.The case of stealing IOUs in the subjective aspects of the situation is roughly the same,However,the existence of a small amount of the IOUs contained in the crime punishment is lighter.The fourth aspect is the judgment and credibility of the issue.The defenders make different opinions from “embezzlement crime,attempted theft,illegal debt is not protected by law and other different angles of crime and non-crime,the crime and the defense of the defendant,at last the defendant refused and appealed.IOU as a piece of paper is of small value,which can not achieve the large amount of property crime in China,but the IOU,carrying a property interest,is an important voucher the creditor advocates creditor’s,stealing IOUs acts are atypical property crime.To adapt to the principle of the doctrine of permissibility,certain difficult cases can be sentenced to anti-crime as a crime to choose between a variety of possible options and a corresponding proper law and constituent elements to be explained,and applied to achieve the crime the purpose of balance.Sentencing against conviction can be applied to the following areas: the case should be limited to similar crimes;implicated in the relationship between the criminal law provisions;provisions of the provisions of the normative elements of the elements.The theft of the IOUs is within the scope of application and has the real danger of infringement of the creditor’s rights.It can not obtain the property interests by obstructing the creditor’s right to claim the creditor’s rights,which also can be punishable for punishing punishment from abroad.The essence of stealing behavior is the debtor by IOUs lending legal possession,then the theft of the IOUs refused to return,which is in conformity with the characteristics of the crime of Embezzlement.Stealing burglary compared to stealing the same amount of property,the consequences is of less harm to the crime of embezzlement to help achieve a balance of crime,which can solve the crime of theft caused by the standard of the existing standards.The crime of embezzlement for the prosecution charges is a pro-guilty in line with the existence of the relationship between the debtor of China’s national conditions which help creditors to achieve claims.In order to avoid the fact that IOUs are the only contingent factors to determine the crime and non-crime,it helps to protect the defendant from confession.In summary,from the perspective of sentencing against conviction,stealing IOUs behavior of the goods for the crime of embezzlement is more appropriate to achieve the legal effect and social effects of unity.