The Quality By Which A Co-possessor Takes Possession Of A Property As His Own

"The joint possessor takes possession of the property as his own" is a relatively common act in the crime of infringing property.Joint possession refers to the relationship of ownership and possession of a thing formed between two or more people when they have the same ownership of the thing,or the relationship of joint management of the thing formed between them when some people have the ownership of the thing but others do not.On the occasion of the establishment of the above-mentioned relationship,the owner still has the realistic management of the property,or even if there is no realistic management,there is still the possibility of management,and the person who takes the property as his own also has the actual management of the property and a certain degree of control.According to the different management methods of the owner,the behavior can be divided into two categories: "the actor takes possession of what the owner actually owns" and "the actor takes possession of what the owner thinks is his own".Possession covers movable and immovable property,corporeal and incorporeal property and property interests,but does not include contraband.There are three characteristics of the joint possessor's act of taking possession of the possession as his own,namely,the particularity of the subject of the act,the particularity of the object of the act and the legality of the prior possession.The particularity of the object of possession lies in that it is not only possessed by the actor but also possessed by other owners.There have always been the following four kinds of disputes on the characterization of the joint possessor's act of taking possession of the possession as his own: "theft","embezzlement","concurrence" and "innocence".These four views have reasonable points,but they are also imperfect.The viewpoints of larceny theory and embezzlement theory have the problems of unclear classification,concurrence theory has the problem of incorrect evaluation of objective behavior,and innocence theory has the problem of incorrect evaluation of subject.Clarifying the theoretical basis is the premise for the correct characterization of behavior: first,the identification of imaginative join of offenses;second,the identification of possession facts;third,the identification of possession elements.In order to distinguish theft from embezzlement,we need to examine the actual possession and the conceptual possession first to determine whether the actor has the fact of possession,then to judge whether the owner has the fact of possession,andalso to distinguish whether the owner's actual possession is the conceptual possession or the factual possession.If the owner has factual possession,the actor's possession is not exclusive and independent.If the owner has conceptual possession,the actor's possession is exclusive and relatively independent.If it can be determined that the actor's possession is independent and exclusive,then his appropriation of property shall constitute the crime of embezzlement,otherwise it shall constitute theft.In determining the possession of facts,the possibility that facts dominate should be adopted.As long as the thinking habits and behavior patterns formed by people in social life can be understood,it should be determined to have the possibility of managing and controlling property.