The Criminal Law Cognizance Of The Act Of Infringement Of IOUs

With the rapid development of social and economic activities,certificate of IOUs are widely and flexibly applied in economic life,becoming more and more necessary,so in judicial practice,there are many Property crimes by taking IOUs as the object of crime.However,because the criminal law does not make clear the concept,nature,extension of the certificate of IOUs,and the criminal cases involving IOUs in life continue to occur,both in practice and in theory,this kind of case has caused a lot of controversy,and has always been a state of contention.At the same time,the judicial organs in the trial of cases appear the same case different judgment,unreasonable problems.Based on the actual problems of the property crime,this paper finds that the reason for these problems lies in the special behavior object,the certificate of IOUs.Compared with ordinary property belongings,this kind of certificate has its particularity in criminal law,therefore,it is necessary to analyze and explore the nature of such certificate in criminal law,to clarify the object of property crime,so as to provide a premise condition for the characterization of criminal cases involving IOUs.Based on the relevant identification,this paper makes the overall identification of the behavior of money invasion involving debit,receipt and IOUs.Based on different situations and circumstances,the author makes clear whether to construct the crime,establish the crime or the reason of the other crime,and sums up the experience related to the judicial cognizance of the certificate of IOUs,in order to provide someassistance to judicial practice.This paper is divided into three chapters to discuss the identification of the crime of IOUs.The first chapter is about the nature of the certificate of IOUs in criminal law.First of all,it confirms that there are differences in the types of IOUs in civil law,however,the certificate of IOUs need to be limited to have criminal meaning,and make clear the concrete meaning of the certificate of IOUs which we talk about.After summing up and analyzing the theory dispute point of view of the nature of IOUs,this paper analyze it from two angles,that is,whether the IOUs belong to property belongings or property interest.The second chapter is to expound the rationality that the IOUs are the object of property crime.First of all,introduce domestic and foreign legislative examples,then summarize the disputes about the object of property crime in the theoretical circles of our country.It is considered that the main dispute is whether to include property interests.Secondly,to explain the reasons for the affirmation.Finally,on the basis of this,to explain the reasons that the IOU as property interests becomes the object of property crime.The third chapter is the classification and criminal determination of the act of infringement of IOUs.First of all,explain the basic meaning of the property crime of IOUs,and the difference between non-payment of debt.On the basis of the above conclusions,to classified the different behaviors,and to adopt the case analysis method,combining with the case to identify behavior nature that the debtor or the third party illegally obtaining other people's certificate,and the behavior nature that debtor or creditor force others to write down the certificate.