Qualitative Research Of Real Estate Infringement

As an important type of property,real estate has important value and significance for people's production and life.Since the current criminal law is more decentralized and unclear for the provisions concerning real estate crimes,there is considerable controversy about the qualitative problems of partial violation of real estate in theory and practice.This paper firstly sorts out the regulation status of immovable property related to criminal legislation at home and abroad,and combines the specific cases in judicial practice to conduct behaviors against impersonation of immovable property,unauthorized disposition of real estate and misappropriation of immovable property.Clear and qualitative analysis of the structure.This article is divided into four chapters,the summary is as follows:The first chapter discusses the scope of real estate and the form of property rights change,and defines the concept and structure of impersonation of immovable property,unauthorized disposition of real estate and misappropriation of real estate,and clarifies the important type of "house" in real estate.As a discussion object.Through combing and comparing the domestic and foreign criminal legislation on the regulation of real estate,it is proposed that although the existing criminal law system in China has a weak protection for real estate,it can still accurately and reasonably characterize various types of infringement of immovable property.The second chapter is the identification of impersonation of immovable property.This section analyzes the innocence,theft,and fraud of this type of case by taking the case of "Huang's house has been sold by Jin secretly" and“Gong's father's house has been sold by Gong and Ding secretly”.He said that there are four controversial opinions about the crime of theft and fraud,and that the victims involved in the act include the original owner of the real property and the third party.The notary office does not have the disposition and disposition of the victim's property,and the perpetrator does not form a triangle fraud.The crime of fraud in the structure;the impersonation person violates the will of the original owner and transfers the property right of the real property instead of the real property itself to a third person to establish the theft of the real property right of the original owner;the third person cannot invoke the bona fide acquisition system to obtain the real estate property rights,there is no transaction purpose,there is property loss,the actor commits fraud on the third party;the actor directly transfers the original owner's real property rights to the third person's name,which is an act that commits both theft and fraud.It should be treated as an imaginary match.The third chapter is the identification of the right to dispose of immovable property.This part takes the case of "Xie's house has been sold by Yu secretly" as an example,and analyzes the four controversial opinions on the crime of innocence,theft,the crime of embezzlement and the crime of fraud in this type of case,and believes that there is no right to dispose of it.The actor is legally transferring the ownership of the real property,instead of transferring the real property itself,it should be regarded as an infringement of the property rights of the real property;the actor as the nominal owner cannot establish theft for the real property property under his name;In the case of no power to dispose of the immovable property without authorization,the crime of embezzlement of the original owner's real property rights shall be established;if the third party is considered to be in good faith,the third party shall have obtained the ownership of the real property through the statutory registration procedure and realized For the purpose of his own trading,he did not suffer property losses,so the perpetrator did not establish(contract)fraud for a third person.The fourth chapter is the identification of the misappropriation of real estate.This part takes "Da Li's use of Wang's house case" as an example,and analyzes the disputes such as the theft of the case and the crime of illegal intrusion into the house.It is believed that the misappropriation cannot establish a new de facto possession of the real property itself.Theft of the immovable property itself cannot be established;the misappropriation does not transfer the property interests such as the property rights and use value of the real property,and the theft of property interests cannot be established;the misappropriation is the continuation of the illegal invasion of the real property,and the violation is the right.The stability and tranquility of a person's home should be based on the crime of illegal intrusion into the house.