Qualitative Research On Two Special Types Of Theft

There are two specific types of theft.One is to steal property that is owned by oneself,but the property is legally controlled by other private subjects.The other is to steal the property that is owned by oneself,but the property is actually controlled by the public authority.In the process of two kinds of special theft qualitative,there are some problems remain unsolved,with regard to guilty or no crime,this crime or that crime and so on.The paper mainly use the research method of documentary analysis and case analysis.The dispute qustions in criticle factors that can influnce the two types of special theft qualitalitive are explained.To begin with,based on the multilevel characteristic of the legal interest,the paper puts forward a hierarchy method focused on ownership,which solves the disadvantages of traditional theories.Meanwhile,in the current system of criminal law in China,the dispute on the legal benefit of larceny has been solved.The article uses the method of system interpretation and interpretation of legislative purpose to solve the problems of property disputes in the ninety-first article and the second paragraphs of the criminal law.It is concluded that this clause can not be used as the legal basis for the transfer of private property rights,and concluded that the term has no effect on two kinds of special theft qualitative.The article denies the reasonableness of taking the ex post claim act as the standard of identifying the perpetrator with the purpose of illegal possession.At the same time,through the argument of the implication of the purpose of illegal possession and the time point of the law,a new standard for identifying the purpose of illegal possession is obtained.Based on the research conclusions of the disputable factors,the article makes a final qualitative analysis on the two kinds of special theft behaviors.Qualitative conclusions as follows: in addition to steal by the judicial organs of sealing up,distraining,freezing one’s property crime of illegal disposal of the property of the sealing up,distraining,freezing,legitimate possession of my property to steal other people do not constitute a crime,but it may constitute administrative law.If there are other crimes in the process of stealing,the corresponding crime shall be established according to law.In the case of concealment from theft,the act of claiming compensation should be characterized as fraud,which may constitute the crime of fraud in criminal law,and it may only form civil fraud.