Qualitative Behavior Of Hiding Relics For Remuneration

The so-called forgotten object refers to the property which is not based on the property right holder’s intention but is separated from the property occupied by the right holder,and the property right holder consciously places the property somewhere,but for some reason forgets to take it and temporarily loses control of the property.Hiding forgotten objects to obtain remuneration refers to the act of the perpetrator first possessing and hiding the object after making the forgotten object of another person,and then demanding compensation from the property right holder and returning the forgotten thing under the premise of the right holder’s remuneration.The act of hiding forgotten objects to claim compensation has three characteristics: the specificity of the object of the act,the compoundness of the behavior structure and the illegality of the purpose of the act.The specificity of the object of behavior refers to the object of the act is forgotten,the compounding of the behavior structure refers to the act as the act of hiding forgotten things and the act of soliciting remuneration,the illegality of the purpose of the act is the illegality of pointing to the purpose of other people’s demand for remuneration.In view of such acts as hiding forgotten objects and demanding remuneration,the legal profession has always had different propositions that constitute theft,fraud,embezzlement and extortion.These claims seem to have a certain reasonableness,but after careful analysis and research,and found that the abovementioned crimes and China’s criminal law sub-specific provisions do not accord with the problem,such as theft crime said that there are certain circumstances of "possession" state of unclear understanding,the crime of occupation said that there can not be a comprehensive evaluation of the hidden forgotten after the means of demanding compensation and the purpose of the relationship,fraud said that there is not fully aware of the attempted fraud because of its low social risk and require severity of the crime standard,more stringent standards,The crime of extortion means that there is an objective degree of coercion(bullying)to further judge the extent of screening and so on.In view of the existence of these problems,through the discovery of several theoretical issues of the nature of the act of soliciting remuneration for hiding forgotten objects,such as the determination of "possession" in the crime of infringement of property,the determination of "secret theft" in the crime of theft,the determination of the pre-invasion and the act of refusing to return in the crime of usurpation,the determination of "fraud" in the crime of fraud,the determination of "coercive behavior" in the crime of extortion,and further combined with the criminal policy of the current criminal law of our country.It can be concluded that the act of hiding forgotten objects for compensation should not normally be defined as a crime.