Research On Property Crime In Unauthorized Disposition

In the practice of criminal justice,there are many seemingly unauthorized actions in civil law,which at the same time constitute property crimes in criminal law.Then at this time,it will cause the criminals and citizens to cross,and will face difficulties in applying the law.However,if the two are confronted across the board from this point of view,it is not true that as long as it is unauthorized,it is not a property crime.As long as the property crime is established,it is no longer unauthorized.The criminal law should intervene when the act of unauthorized disposition fully conforms to the elements of the crime prescribed by the criminal law.Otherwise,the criminal law will become empty talk,and its purpose of maintaining social order,economic order,personal rights and property rights will be difficult to achieve.Therefore,the author believes that the difference,limit,or similarity between unauthorized disposition and property crime is basically a fake issue that cannot be discussed.Because the act of unauthorized disposition may constitute a property crime,it may not constitute a property crime.Property crime may be either an unauthorized disposition in civil law,or it may not be an unauthorized disposition in civil law at all.The two are a cross relationship.Therefore,if an act meets the requirements of a property crime,it is not necessary to investigate whether the act is an unauthorized action in civil law.Therefore,this article does not discuss the difference and intersection between unauthorized sanctions and property crimes,nor does it discuss unauthorized sanctions that do not constitute property crimes in civil law.What this article discusses is,what kind of property crimes may be constituted in the criminal law by the act of unauthorized disposition in the civil law,and the related issues of the number of crimes.The first part of this article discusses the basic issues of unauthorized disposition in property crimes.First,the concept and essence of unauthorized sanctions are discussed.Second,through the relationship between unauthorized sanctions and property crimes,unauthorized sanctions do not prevent the establishment of property crimes and the conditions of unauthorized sanctions to establish property crimes The penal regulations govern the act of disposing of power;and then discuss the basic types of property crimes that are not authorized to dispose of.The cases of unauthorized disposition of property crimes are divided according to the perpetrator 's legal possession of the property,and the perpetrator disposes of illegally possessed property and disposes of legally possessed property.In the second part,it discusses the qualitative character and the number of crimes of the perpetrator's disposition of illegal possession of property.This type of behavior is further divided into three situations: if the purpose of illegal possession is to directly sell the property of another person to a third person,an imaginary joint offender of the crime of theft and fraud shall be established;Fraud(triangle fraud);if the perpetrator sells the stolen goods to a third person after the theft,the crime of theft and fraud should be punished.In the third part,it discusses the qualitative character and the number of crimes of the perpetrator's disposition of legal possession of property.This type of behavior is divided into two situations: if the perpetrator sells all the possessions owned by others to a third person,an imaginary joint criminal of the crime of embezzlement and fraud is established;the perpetrator sells the possessions of others he owns to the third party Human,imaginary complicity of the crime of theft and fraud.