Payment For Illegal Reasons To Study With The Property Crime

In actual life, the situation that the property happening on the basis of illegal reason transfers is extremely general, this situation is known as the illegal reason paying among the civil law theories, the adjustment to this situation, civil legislation to pay with regulation illegal reason system is it go on to come. This system involves several basic theories, such as general provisions of civil law, the law of real right, the law of creditor's rights ,etc, as regards concrete content of this system, system this define regulation property ownership of ownership after paying, but with pay people is it is it ask for to tell indirectness of right stipulate come property relation to adjust this situation right to return to have after paying. But pay adjustment of issue and repel criminal law ,etc. other department involvement of law to illegal reason, of various countries criminal justice practice is it adjust illegal legal precedent that reason pay to have. Different from laying particular emphasis on adjusting the ownership of the right in civil law, criminal law pay attention to protection in right and to encroach on punishment of behavior of right further. Pay on the adjustment of the question in the illegal reason, the adjustment of the criminal law is different fromthe civil law's------On the basis of appraisal on the behavior , use penalty to protectlegal right not to be infringed .So this article herein this point, with the study on civil law of drawing lessons from being among the theory at the illegal foundation of basic theories that reason pay conception, establish illegal reason of criminal jurisprudence pay category of issue, through to illegal behavior form that reason pays, illegal reason property nature ,etc. issue to pay situation analyse, study the illegal reason and pay the property crime question among the situation. Full text divide into four part altogether:The first part of the article probes into the basic theoretical question of illegal reason and paying. The latter refer to person who pay is it give ownership of thing meaning of the other side but only situation occupied to shift only to shift. In addition according to property nature of source before paying, can divide into legal all property and pass crime, etc. means illegal two of property of income, it have too theorist it call "with its the illegal" the reason last thing(trust thing of) or " it is the illegal since fetch " the reason last thing( trust thing of), classification this have value of discussing very much too among theory. The second part probe into the illegal reason paying which can be regard as embezzling crime. Study and occupy the illegal question of paying thing of reason of the narrow sense at first with this part, illegal reason of narrow sense pay thing actor and subjectively in order to shift property that meaning pay of ownership to relative people on the basis of illegal reason, pay illegal reason behavior to pay thing accord with illegal reason composition important document to pay behavior at the civil law totally. criminal jurisprudence at first to establish to assert, in the theory of criminal law, there are the with the law property, economic property say and law&economic property say in the research of the criminal. I think, the basic purpose of criminal law is to keep the civil order through protecting legal right, through this way we can protected life interests, protect law benefit and speech on property crime, interests protected whether law property protected to worth say it is correct basically at civil law promptly law order acknowledged interests only. Pay things and is used for the delinquent thing, should be confiscated according to the legal provisions in illegal reason, it is illegal interests, did not as for both parties have the right, therefore did not have a benefit content of a law protected of a crime of property , occupy illegal reason behavior to pay thing the crime of occupying will not be established. this part carries on research to these two kinds of situations respectively. First, occupy source legal illegal reason trust the behavior of the thing. I think, is it watch to come from of our country regulation of criminal law maintain because illegal reason property paid to trust can is it occupy crime view of target to become, perhaps more appropriate. Second, occupy source illegal reason trust behavior of thing (others crime booty of income).The third part Probe into the illegal reason for the establishment question which pays the crime of fraud. The crime of fraud is that a crime of the property is a property interests crime too, therefore, different in accordance with targets of Of our country criminal law theory to adopt fraud defraud of illegal reason behavior to pay thing circle, still lack deep research. Scholars do not think this kind of property used for engaged in illegal activitying is protected by the state law , can't become the infringement target of the crime of fraud , therefore the impossible crime of fraud of this kind of behavior . But most scholars think , may totally establish the crime of fraud . I think , adopt the fraud to defraud of the illegal reason and pay things , and it was property that paid to the other side, may totally commit the crime of fraud .The fourth part Probe into illegal reason pay -thing (trust -thing) after forming, third person of party capture illegal reason behavior to pay thing (trust -thing ) could establish property issue of crime of capturing etc. by illegal means. Because this question involves the protection law benefit of the capturing type property crime, therefore part this investigate Chinese and foreign criminal law theory theory person who capture property crime protect law theory of benefit at first. On this basis, concept that article occupy in probing into criminal jurisprudence, occupy illegal nature of paying thing (trusts -things) of reason analyse, think third person seize by force others occupy based on property that the illegal reason occupies behavior under can is it commit not corresponding to behave objectively in accordance with it too by illegal means Crime of the property.