Discussion On Nature Of The Behavior Of "Defrauding" The Original Possession After The Discontinuance Of Possession

To correctly define the criminal nature of the behavior of "defrauding" the original possession after the discontinuance of possession,the first problem to be solved is the concept of behavior.By defining the meanings of words such as "the discontinuance of possession","defrauding" and "original possession",it is apparent to understand the concept of the behavior of "defrauding" the original possession after the discontinuance of possession.Specifically,after losing control and domination of others' property that they formerly legally possessed,the actor reacquires the property in the form of "defrauding".After clarifying the concept of behavior,the characteristics of behavior need to be grasped as well.The characteristics of "defrauding" the original possession of property after the interruption of possession are mainly reflected in the three aspects-The compoundness of behavior,the timing,and the transformation of the space.Only by accurately grasping these three characteristics can the nature of the behavior be correctly defined..At present,there are three main viewpoints on the nature of this behavior in the academic community-Fraud,embezzlement,and theft.One of the major disputes lies in the differences in the identification of possession,disposal,and stealing.In terms of possession,the general view holds that possession in the criminal law refers to the fact that the person controls the object in fact,that is,it holds a factual possession theory.However,although the theory of factual possession introduces some normative factors in order to solve the problems in the theory of "pure factual possession",it still has its own limitations and cannot achieve the purpose of protecting the social life of the criminal law norms.On this basis,the normative possession theory based on social concepts has more powerful explanatory power.It is also more reasonable than other theories,and it is easier to solve problems in social life such as car ownership.In addition,"the purpose of illegal possession afterwards"must also follow the principle of both behavior and intentional existence.Otherwise,it will be separated from the content of "illegal possession purpose" and slipped into the wrong theory of "post-event intention",which will lead to confusion in the logic of criminal law.In the aspect of disciplinary behavior,only if the victim is guilty of misconduct and is guilty of misunderstanding,he will be able to meet the constitutive requirements of fraud;if the victim does not fall into wrong recognition,or the victim's misunderstanding is not due to or if the deceit of the perpetrator results,fraud is not established.In terms of the composition of theft,peace stealing is beyond the expectation of the people,and stealing is more rational than it is.On these grounds the actor Guo has the subjective purpose of illegally occupying the car and objectively he implements the act of destroying owner's possession and transfers the car to his own possession,which fully conforms to the constitutive requirements of larceny.Therefore,larceny should be established.