Qualitative Analysis Of Renting Behavior After Occupying Others' Housing

With the development of economy,people's investment mode presents diversified characteristics,which includes investment in real estate field.Compared with other countries,China's housing vacancy rate is significantly higher,allowing wrongdoers to take advantage of vacant houses to commit illegal acts.In recent years,there has been a constant theft of other people's houses after the phenomenon of rent is one of them.In judicial practice,the determination of such behavior shows a rather chaotic phenomenon,manifested in the hesitation of whether the act is a crime,and the hesitation of the characterization of the act.The author makes a comprehensive analysis of the behavior of stealing after the house of others,and finally draws the conclusion of innocence,and puts forward his own suggestions on the countermeasures for the treatment of this kind of behavior through the typical case of stealing after the House of others and combining with the theory of criminal law.The writing of this article consists of four parts,mainly including the following four parts: The first part is the briefing.Starting from the case of Zhang's burglary and renting a house,this paper introduces how to deal with the divergent opinions of Zhang's behavior: mainly including four views,one is that Zhang's behavior conforms to the conditions for the establishment of theft,that is,that real estate can be the object of theft,and the other is that Zhang's behavior conforms to the behavior structure of triangular fraud,Should be convicted and sentenced with the crime of fraud;third,it is considered that Zhang's behavior conforms to the constituent elements of the crime of trespassing on housing,and that the behavior of the perpetrator in prying into the house of another person should be convicted and sentenced for trespassing on the house,and four is that Zhang's act of innocence should be dealt with by civil legal norms.The second part is the legal analysis of criminal Law on the relevant issues in this case.In view of the controversy in the different points of view in this case,the legal analysis is carried out,including four aspects: first,the relationship between the right to dispose of,unjust enrichment and property crime;second,whether the crime object of theft includes real estate,whether the use of theft is punishable;third,the determination of triangular fraud and the limitation of the scope of triangular fraudThe four is to analyze the legal benefits and constitutive elements of the crime of trespassing on housing.The third part is the analysis and conclusion of this case.According to the jurisprudence of criminal law,the conclusion of this case is drawn.First,immovable property cannot be the object of theft,and the use of theft does not constitute theft.Therefore,Zhang's theft of the King's house and rental of the act does not constitute theft;second,the tenant and the owner of the house Wang do not know each other,it is difficult to think that he has the right to dispose of the victim King's property.Therefore,Zhang's behavior does not constitute a crime of fraud;Then,Zhang's stolen house is uninhabited,in the vacant state of the House,the theft of the act did not cause damage to Wang's right to tranquillity or personal,democratic rights.Therefore,Zhang's behavior does not constitute the crime of trespassing on the house of another person;Finally,Zhang's behavior does not conform to the constitution of the crime related to the crime,and his behavior does not constitute a crime,but it should bear civil or administrative liability.Part IV is the revelation of this case.The Enlightenment from this case includes: first,to adhere to the principle of parallel punishment in criminal relations,and second,to deal with criminal relations is to focus on complementary roles,and second,according to the experience of other countries and regions in dealing with real estate crime,combined with the reality of our country,put forward the idea of establishing the crime of stealing property.