Li Moumou's Theft Crime Research

It is controversial in the legal theory and practice circles for how to characterize the behavior of taking other people into ATM machine but not storing successful money.Debate often revolve around the "property ownership" at this time "actor subjectively whether has the purpose of illegal possession",has a condition,and the judicial practice,procuratorial organs and the cognition of public security organs are not able to agree,to a certain extent affect the cognizance of the case.This article choose topic,li mou a suspected of theft crime research based on the analysis of actual case involving problems,think of the class action accurate qualitative,need to clarify the case involved in the dispute the legal theory: behind the unjust enrichment and property crimes are not opposites,both exist competition,the behavior of the considered unjust enrichment in the civil law,in the criminal law does not affect the level again;The possession of civil law differs from that of the criminal law,and the possession status affects the crime and non-crime of criminal law,and the determination of this crime and the crime.The essential difference between the crime of theft and embezzlement is whether the illegal act infringes on other people's possession of property.By analyzing the differences of subjective and objective criteria and comparing them with similar cases,the final conclusion of the crime is obtained.On the basis of this,the criminal policy meaning of the conclusions from the aspects of the criminal law's modesty,judicial cost,the efficiency of the case and the order of restoration is helpful for judicial practice.