Criminal Law Determination Of Use Theft Behavior

With the development of economy,especially with the emergence of sharing economy,the right to use of an object is separated from the ownership and the right to use can be used as an independent power to gain.In the past,there were some cases of misappropriating farm cattle,but at that time the economy was undeveloped and the probability of occurrence Is very small.There was no need to use the criminal law to regulate it.However,today economy is highly developed and the cases of misappropriating the right to use happened frequently such as stealing cars,house,and international resources and so on.Therefore,we have to pay attention to the use theft.There is even no a unified definition of the concept of use theft between scholars,let alone unified other research of the use theft.Whether it is necessary for using criminal law to regulate the theft of use or not,we should discuss it from some aspects.At first,we have to discuss the punish-ability of use theft from different views upon whether it has the illegal possession or not.And then borrow from the experiences of other countries and areas by learning there regulations of the theft of use and meanwhile combine the practice of legislation and judicature of our country to discuss the necessity of using criminal law to regulate the theft of use.Nowadays,most scholars focus on the necessity of using criminal law to regulate,but pay little attention to the identity obstacle of the use of theft after be regulated by criminal law.The identity obstacle of theft of use includes whether the theft of use requires separate legislation,and the dilemma in sentencing of theft of use.The obstacle is an issue that we urgently need to solve.Therefore,we have to make certain the relationship between theft of use and larceny as well as determine the location of theft of use in the criminal law.Meanwhile,we also have to point out the problems that theft of use may face in sentencing and find the solution to solve these problems.