Analysis Of The Criminal Nature Of IOUs

Due to the uncertainty of the nature of IOUs,the similar cases involving IOUs can have different judgement in the practice of the criminal justice.The arguments about the object of property crime in theory make it more complex to determine the nature.The criminal nature of IOUs is influenced by its civil law characteristics such as inscribed,priceless,and causative and evidentiary characteristics as legitimacy,authenticity,and relevance,at the same time it differs from a loan certificate,receipt,bankbook,bankcard and securities.The research about the criminal property nature of IOUs is important to unify the decisions of the similar cases in the judicial practice and follow the insubstantial trend of the object of property crime.The meaning of the former is mainly manifested in the following several aspects: one is that the nature of IOUs in property crime influence the presumption of the purpose of illegal possession from the objective behavior,and then influence the judgment of illegal detention for debt or the robbery crime;the second is that in the case of compelling others to write IOUs by violent means,the nature of IOUs influence the determination of the crime's pattern and amount;the third is that in the case of compelling,the nature of IOUs influence the compositon of "getting the money on the spot" and affect the judgment of extortion or robbery.For the latter,it's mainly for the virtualization trend of object of crime becoming more and more thick,and virtual currency,communication code,financial securities,certificates of creditor's rights and those without economic value of their own are leading to people's property loss more and more frequently.Identifying the nature of IOUs complied with this trend.Figuring out the property nature of IOUs needs the research of the category analysis of the object of property crime,respectively figure out if it belongs to property or property interests.For whether IOUs belong to property,the economic value of IOUs is not equal to the value of debts contained in it,it can't meet the constitutive requirements of property,and the non-property nature converge the disposition custom in the judicial practice.For whether IOUs belong to property interests,this article contends IOUs is hard to be evaluated as property interests.On one hand,it is hard to be evaluated as property interests for its material characteristics.On the other hand,by analyzing the context of “get the interests in property”we get the essence of property interests and the conclusion that IOUs even debts can't be evaluated as property interests and fit the object of property crime.Finally,it's necessary to verify the feasibility of non-property nature of IOUs in judicial practice and criminal theory.The non-property nature of IOUs fits the principle of “nulla poena sine lege” in criminal law theory,and is conducive to keep the boundary of the object of property crime clear.While non-property nature of IOUs can also promote the disposition of IOUs cases and other related cases in which the criminal object differs from the damaged object,introduce the separation of the nature and the condition of “possession”,by referring to the same way as to get the constitutive requirements of real right change in civil law.And it distinguishly sentence the behaviour,which happen in judicial practice frequently,such as forcing others to write IOUs illegally to establish debts,the debtor accessing or damaging the IOUs illegally for the purpose of eliminating debt,and the third people acquiring IOUs illegally for the purpose of resale for profits,in which way crime and responsibility compatible with each other,to prove the non-property nature of IOUs is feasible in practice from the opposite angle.