The Criminal Law Analysis Of Property Crime With Iou As Object

Ious is the main evidence to prove the debtor-debtor relationship.When the debt term expires,the creditor can claim the creditor's rights to the debtor by ious.The absence of ious is very likely to cause losses to creditors.There are also many criminal cases of usurping ious ious in practice.The identification of the nature of ious and the characterization of specific cases in academic discussions and judicial practice have not reached a consensus and a unified opinion.The first chapter sorts out the cases of property infringement involving iou,and refines the main forms of property infringement crimes with iou as the object.It also points out different ways of reasoning and opinions of judgment in similar cases in judicial practice.That is,the nature of the iou to identify different.Or only some special iou(only proof)will be included in the evaluation of criminal law,but the identification path of "only proof" is quite different.There are different criminal law evaluation between the iou that is forced to be set up and the iou that is set up earlier.Therefore,from the perspective of iou,the iou that involves iou violates the property behavior is divided into iou that is created and iou that is set up earlier.The particularity of iou makes the debtor and the third party have different behavior status,and the debtor is more aware of the specific situation of the creditor's right contained in the iou.Therefore,from the perspective of the subject of the behavior,the iou violation behavior involved in the prior establishment is divided into the debtor'simplementation type and the third party's implementation type.Specifically,the division of "force others to set up iou","debtor infringement iou","third party infringement iou" three kinds of typical iou related to the property of the crime.After sorting out,the three kinds of behavior of the respective disputes focus on the nature of iou identification and qualitative behavior.The second chapter sorts out the common disputes of iou violation crime and puts forward the viewpoint of this paper or clarifies the basic position.First,property interests as the object of property crime is consistent with the principle of legality.Even if property interest can not become the object of possession,it can not be denied that property interest can become the object of theft.Second,the scope of property interests.Property interests should have the characteristics of property value,certainty and disposable.Third,for property interests,it is not appropriate to use the concept of possession,and it is appropriate to use the word "domination" to express the control and management of certain rights and interests.Specifically,by changing the objective expression of property interests,the management and control of property interests can be realized,and new control and management can be established to exclude the control and management of property interests by the right holders.Thus the right to form the appearance of the elimination and reconstruction.Fourthly,the author agrees that both the basic amount crime and the aggravated amount crime have attempted forms,and thinks that the connotation of the amount is not only limited to the amount of actual harm,but also includes the amount of the risk of property damage.On the occasion of property interest infringement,the realistic danger caused by attempted crime refers to the destruction of the objective expression form of property interest and is enough to cause the urgent possibility of the loss of property interest.The third chapter is about the evaluation of the criminal law on all kinds of iou violation.The whole is divided into two parts,the act of forcing others to set up iou and the criminal law evaluation of the act of violating the property of iou which was established earlier and took effect.Forced iou is not property.There are two perspectives in the property identification of iou which was established earlier: One isthat the IOU body has use value and can be used as a physical object.The use of iou value cannot be directly converted into the amount of value.Second,iou of the debt iou of the debt if there are three characteristics of property interests,can be included in the category of property interests.In a particular case iou as property interests to deal with the way is reasonable and feasible.The debtor infringes upon ious and the third party infringes upon ious has the follow-up action object is the obligatory right contained in ious.At this point,iou itself is only the object of the means of behavior,its as the identity of a physical object is secondary.The third person does not have the following situation,the behavior object is iou itself.On the debtor's infringement iou behavior of the crime,the use of behavior means to say.Both the judgment of the attempt,the result that needs to combine the result that finds out after the event judges,whether the iou that sees to be usurp is the necessary proof of creditor debt relation.The third person has the following type of typical case is a third person(thief)to sell ious.In this case,the debtor and the third party form a common contact,and jointly implement the behavior of destroying the objective control and management form of property interests.The debtor is the successor and accomplice,and the two constitute a joint crime on the whole.The third party has no follow-up action,and the actor is not in order to wipe out the creditor's rights for the purpose of embezzlement iou,then in no amount under the charge of the provisions,the establishment of a crime.Otherwise,it does not constitute a crime.