Research On The Types Of Property Theft Behavior

It is not appropriate to apply the behavior structure of "transferring possession" of physical theft directly to property interest theft because of the great difference between the behavior structure of property interest theft and physical theft.Based on the doctrinal analysis of larceny and the characteristics of property interests,it is reasonable to take "invading the right holder’s field of control-breaking the control-obtaining the control" as the behavior structure of property interests.There are three ways of "breaking control":transferring interests,eliminating interests and imposing obligations.The determination of "obtaining the control" is the factual acquisition of realizable creditor’s rights interest.In the circumstance of "transfer of interests",the interest gained by the actor and the interest the victim lost has the identity of materials;in the circumstance of "elimination of interests" and "establishment of obligations",the "homogeneity of materials" is required.In view of the different problems of cognizance and qualitative analysis,this paper will focus on the qualitative analysis and cognizance of the three behaviors in order to make the cognizance standard more specific.