Qualitative Research On Cash Behavior In Other People 's Deposit

With convenient,universal automatic equipment intelligent ATM machine in social life,more and more property crimes related to the ATM machine,a new type of crime means the case is complicated and continuously updated,so that the ATM property crime frequently appear in public view.Combining with the concrete case,the behavior of others around the "cash deposit slot how qualitative" that the focus of controversy,discusses the controversial crime and this case legal issues related to the use of ATM malfunction.Take deposit slot in cash,this behavior belongs to the criminal law of theft,embezzlement,or civil unjust enrichment through the analysis of the ATM machine to withdraw? A slot is in cash "possession",and effectively according to the behavior of the person to discuss the case,then draws the conclusion.Through the discussion of the case analysis,I hope to be helpful for ATM priming treatment machine in China's judicial practice case.The two thousand words,is divided into four parts:The first part,the basic situation of the case.This part mainly introduces the basic facts on Mouton theft,and for the case of qualitative differences,and identify the broken cases need to solve the problem of focus.This case formed three different views in the judicial process: first,in certain acts constitute theft second,to the crime;certain behavior constituted the crime of embezzlement;thirdly,in certain acts constitute improper civil enrichment.Through the analysis,the focus of controversy in this case is: to certain whether the act constitutes a crime,what constitutes a crime?The second part,legal analysis of related problems.This part involves five aspects: first,mainly around the property crime in the "possession" and how to understand the cash withdraw ATM slot is effective in "possession" to be discussed;secondly,focuses on the crime of embezzlement "forgotten things" concept,characteristics were discussed especially,the "forgotten mistake" should be handled in detail;thirdly,introduces the relationship between the crime of embezzlement and refuses to return or refund ";fourth,on theft and embezzlement crime in different aspects of object,behavior is discussed;fifth,discusses the concept,classification,characteristics of unjust enrichment,and improper enrichment And the crime of Embezzlement.The third part,analysis and conclusion of the case.According to legal analysis,the objective behavior of illegal possession of property,the subjective behavior of people with only out of the trouble of the ATM occupation of possession,misunderstanding of the abstract,according to the subjective consistency principle,on the basis of qualitative behavior of the objective behavior,behavior of illegal possession of others out of a possession,which belongs to the behavior of embezzlement.After the action take the initiative to return the victim in cash,unsatisfied with the constitutive elements of the crime of embezzlement in "refusing to return or surrender" of the elements,so the act does not constitute embezzlement behavior.People had no legal basis to obtain benefits in the interests of others to reduce their behavior,Constitute the unjust enrichment in civil law,the actor in the acquisition of interests that know no legal basis,subjective malice,should belong to malicious unjust enrichment.The fourth part,implications of the study on this case.A specific definition of relationship between civil law on unjust enrichment and property crime.Unjust enrichment not only by civil law,the civil law on unjust enrichment in mature conditions can be transformed into crime.Secondly,unjust enrichment in civil and criminal transformation standard between civil law and criminal law and boundaries.We can not only rely on some theories or macro summary said clearly,but according to the specific facts of the case,various factors to judge.Third: unjust enrichment mechanism in civil and criminal cross.When the civil liability and criminal liability cross exist,in order to protect the legitimate rights and interests of the parties to a greater extent,should be This gives the victims of choice,treatment can not blindly adhere to "criminal case first",has the guiding role can not be ignored for the future handling of similar cases,is also conducive to protecting the legitimate rights and interests of the maximum.