Criminal Law Analysis Of The Debtor's Buying Back The Stolendebit Note

In recent years,there have been repeated infringement of the property crime of debit note in practice,in economic life,debit note as a certificate to prove the existence of creditor's rights and debts,representing a certain amount of money claims,due to the rapid development of the economy,the object of property crime has undergone some changes,no longer confined to the traditional sense of tangible property,Instead,it extends to property interests such as securities,equity and creditor's rights,while the criminal law does not make clear provisions on debit notes,the Criminal law nature of debit Note and the characterization of property crime infringement of debit note arouse heated discussion in the theoretical and practical circles of criminal law.In addition,there is a great controversy about whether property interests can be applied as the object of theft,which is due to the fact that our criminal law does not explicitly stipulate the crime of property sexual interest,and other civil law countries,such as Germany and Japan,have clearly stipulated the crime of interest.Through the analysis of the case,the purpose of this paper is to analyze and study the nature of the debit note,to discuss whether the property interests can become the object of theft,from which the characterization of the theft of the debit note constitutes the crime of theft and to discuss the nature of the debtor's bribery,and to draw inspiration,correctly determine the legal nature of the debit,Distinguishing the behavior nature and buying motive of the debtor from buying debit,through the study of theory to provide some useful things for the judicial application in practice,in practice to distinguish the specific situation according to the case,strictly incriminating and appropriate crime.The full text of about 25,000 words,divided into the following four parts:The first part: the introduction of the basic situation of the case.This part briefly introduces the basic situation of Wu's case of buying debit note,describes Zhao's theft debit note and Wu's case of buying debit note,and lists some divergent opinions on the characterization of Wu's behavior of buying stolen debit note in the case,and summarizes the corresponding focus of controversy.The second part: the legal analysis of related problems.This part carries on the corresponding jurisprudence analysis on the basis of the corresponding dispute focus,first carries on the legal analysis to the debit's behavior nature,compares the domestic and foreign different viewpoints to the legal nature of the debit note,collates and summarizes and puts forward his own view,characterizes the debit law nature,determines that the debit note belongs to the property interest.Then it makes a qualitative analysis of the act of stealing debit note,by clarifying whether the property interest is within the scope of the object of theft,and then making clear that the debit is the object of theft,which provides theoretical premise and support for the theft of debit note to conform to the constitutive elements of theft.Finally,although the third party's theft of debit note constitutes the crime of theft,but the actor simply buys the debit act is not a criminal offence,through further analysis of the debtor's act of buying debit,it is concluded that the debtor's act of buying debits as a means of debt,has not caused a realistic infringement of legal benefits,should not be treated as a crime.The third part: the conclusion of the study in this case.Through the theoretical analysis of the second part,the conclusion of the behavior nature of Zhao and Wu in the case is drawn,and it is concluded that Zhao's theft of debit note constitutes the crime of theft,and Wu's act of buying the debit note is only the act of debtor,which does not infringe on the specific legal benefits and does not constitute a crime.Part ?: Study The Enlightenment of this case.According to the previous analysis of legal theory,and combined with the relevant experience of judicial practice,the Enlightenment related to theft debit note is obtained.With the help of the legal nature analysis of debit note,it provides the theoretical basis for correctly determining the legal nature of debit note in practice,and correctly distinguishes the behavior nature and buying motive of the debtor from buying the stolen debit note,in order to correctly characterize the corresponding behavior nature.