Research On The Criminal Law Provisions Of Using Theft

In recent years,cases of stealing motor vehicles,stealing and stealing other people’s houses,and embezzling other people’s network resources have emerged one after another.There is a significant difference between these cases and traditional theft cases,that is,the perpetrators usually do not "completely and permanently deprive everyone of their property".The subjective intent of "" is often just based on a mentality of illegal use.This kind of behavior of occupying other people’s property for temporary use and returning it afterwards is called use theft in theory.Under the conditions of the modern market economy,especially the sharing economy model,the leasing industry is booming,and the importance of property use rights is becoming more and more prominent.Therefore,the infringement of property use rights may also cause huge economic losses and have considerable social harm.There are no special regulations on the use of theft in the criminal legislation of our country,and the practical and theoretical circles have no agreement on how to determine the use of theft.In order to find a solution to the dilemma of using theft,it is necessary to conduct an in-depth study on the use of theft.This article attempts to discuss the use of theft from three parts.The first part of the thesis is to sort out the concept of the use of theft first,compare the theoretical definition of such behavior in foreign countries and our country,propose the author’s personal understanding of the definition of the use of theft,and clarify the nature of the use of theft.Secondly,it puts forward personal opinions on the use of the theory of punishability of theft,and emphasizes the reasons for opposing the theory of unpunishable theft.The second part of the thesis is mainly to find specific ways to use criminal regulation of theft.The author first evaluates and analyzes the existing regulations against use theft,and puts forward the limitations and contradictions of the existing legal regulations.On this basis,it introduces the four specific criminal laws and regulations for the use of theft in the academic circle,and conducts a brief analysis,namely,to recognize the re-understanding of the status of the purpose of illegal possession and the re-understanding of the object of possession,and to oppose the purpose of illegal possession Necessary views and new regulations governing the use of theft.The third part of the thesis is to sort out the judicial identification of the use of theft.The first section is to examine the theories of the nature of the use of theft and the judicial interpretation of stealing motor vehicles held in this article,and conduct a practical test on the specific judgments of the nature of the use of theft with cases such as renting houses,stealing dogs and defrauding rewards..The second section analyzes the difficulties that may arise when the author believes that the use of theft is recognized in judicial practice,namely the determination of the amount,and the determination of the completion time,in order to help our judicial practice.