Judicial Determination Of The Act Of Renting Out Immovable Property Under False Name

Under the background of the high vacancy rate of houses,the cases of pseudonymous real estate leasing occur frequently.How to determine the nature of pseudonymous real estate leasing behavior has become a difficult issue in the current judicial practice and criminal law theory circles.Specifically,the controversy mainly focuses on the following two aspects: first,whether the act of leasing real estate under false name is determined by civil disputes or criminal offences;second,in the scope of property crime,whether the act of leasing real estate under false name constitutes the crime of theft or fraud.In view of the above disputes,this paper chooses the case of security prizing and locking the rental of other people's houses,and intends to take this case as the starting point to make the final judicial determination of the act of pseudonymous rental of real estate.Firstly,there are three main points of view about the act: innocence,triangle fraud and theft.Secondly,through the jurisprudence analysis of the act of renting real estate under false names,it is concluded that real estate can not be the object of theft,property interests can be the object of theft,and the right to use property in "use theft" is not the legal interest protected by theft.Finally,on this basis,it is recognized that the right to use property in "use theft" is not the legal interest protected by theft.The act of renting real estate under false names constitutes the crime of theft.Based on the study of the case,the author puts forward his own suggestions on the regulation of criminal legislation: firstly,to make a specific definition of property interests through judicial interpretation;secondly,to criminalize the act of embezzlement of real estate separately.Put forward my own views on the solution of the problem of criminal-civil cross: to deal with criminal-civil cross cases according to the principle of "criminal behavior,civil relationship"...