The Nature Determination Of Occupying Sealed Items Illegally

The crime of infringing property is the most common type of crime since ancient times.With the development of economy,people's economic communication is becoming more and more complicated,so the boundaries of different property crimes have become blurred.This article carries on the analysis in the form of real case,Wang illegal possession of property in the case of a handbag,the contents of the case the focus of controversy,illegal possession of sealed property is to study its theft or embezzlement in the theory and practice in many controversial issues,trying to get the most reasonable conclusion.This paper is divided into four parts:The first part introduces the selected case of case and case reports,and in the case of disagreement and controversy.This paper selects Wang illegal possession of property in the case of a hand,the different opinions on the case is the behavior of Wang in the end should be classified as theft or embezzlement,the focus of controversy in this case mainly lies in the victim will sealed property by Wang for safekeeping,sealed content possession state is over by Wang(trustee)still occupies the principal occupation.The second part is the legal analysis,this part is the focus and core of this article,is the legal analysis of the focus of the dispute.The first part analyzes the illegal possession of sealed property behavior,what defines is sealed,the particularity and the illegal possession of sealed property and other illegal possession of property behavior compared to the behavior object,means.Followed by the introduction of illegal possession of sealed property of five kinds of theories,including:(1)the client has said,(2)the trustee has said,(3),(4)the difference between said fixed difference ",(5)large volume novels,and causes of the differences between five kinds of theories are discussed,in this paper that causes a different point of view lies in the difference of understanding of possession in criminal law.Finally,based on the introduction of the five theories and the differences of the theory of possession,the author makes a distinction between the five theories.The third part is the analysis and conclusion of this case,which is based on the conclusion of the second part,combined with the specific case of the case.While affirming the trustee possession that refuses to return and not the elements of the crime of embezzlement is illegal for himself and some further evidence,the case of the principal Wang Liu handed over to the custody of the handbags and handbags contents control as a matter of fact,the non possession of property in the bag method act in accordance with article 270 th of the criminal law first entrusted property illegally for himself refused to return the behavior,and the amount of the crime of embezzlement on a large amount of provisions,so Wang the crime of embezzlement.The fourth part is the case study of the enlightenment,through the case study of applying the theory to practice enlightenment,including: ownership of judgment on the clear difference between theft and the encroachment of significance,treat foreign theory cautious attitude,distinguish sealed property and common property,the necessity of the criminal law of the the problem.