The Qualitative Of Illegally Obtaining Money During Marriage And Amativeness

In a society under the rule of law,when civil rights are violated,it is advocated to use public relief to realize their rights.However,public relief does not play its role in a timely and effective manner every time.Therefore,there are cases where citizens use private relief.There is nothing wrong with using reasonable means to protect rights,but it is disputed how citizens’ behaviors that do not use legal means to protect their rights are characterized.In the case of illegal acquisition of money during marriage,the dispute is specifically expressed as whether the spouse or couple’s use of fraud,theft,extortion and other improper means to realize property rights constitutes a property crime,which academic circles call the exercise of rights and property crimes The problem.my country’s criminal law theory has reached a basic consensus on the relationship between the exercise of rights and property crimes,that is,the exercise of rights does not constitute a property crime,but it does not exclude other crimes.Consensus does not mean that there is no disagreement.There are different argumentation processes for the conclusion that the exercise of rights does not constitute a property crime,and the existence of constitutive requirements conformity resistance theory and illegality resistance theory.The author is more in favor of the theory of constitutive requirements conformity obstruction,that is to say,it should be argued from the constitutive level that the exercise of rights does not constitute a property crime.When characterizing the behavior of illegally obtaining money during marriage and love,the most important issue is the boundary between the exercise of rights and the crime of property.The author believes that the exercise of rights and property crimes should be distinguished from the subjective and objective levels.At the objective level,judgments should be made from three aspects: whether the property rights exist objectively,whether the behavior is infringing on legal interests,and whether the means are equivalent;and the subjective level The above judges from the two aspects of whether the result of the behavior is intentional and whether it has the purpose of illegal possession.When characterizing the behavior of illegally obtaining money during marriage and love,the behavior of the perpetrator can only be regarded as the behavior of the perpetrator objectively consistent with the property crime,infringement of legal interests,non-comparable means,and subjective intentional and illegal possession purposes.These elements are indispensable for the corresponding conviction and punishment of property crimes.On the contrary,it belongs to the exercise of rights.