Qualitative Research Of Double Sales Of A Room

There are huge business opportunities in the market of real estate,with the vigorous development of the real estate,disputes occur in the field of real estate transactions and fraud is growing,the representative of which is occurred in the housing developers or owners with two or more than one room two sell the dispute between the buyer,the problem involving civil about the limits of contract fraud and crime of fraud of the contract and the cognizance of stolen property,the theoretical and practical circles one room two sell behavior considered controversial.The paper to sell one house two behavior from on macroscopic can be divided into general situation and the right to disposition,with four typical cases as the breakthrough point,to the domestic and foreign criminal legislation about the real estate regulation and judicial practice for a room two generalizes the selling behavior of predicament,found that "double sales of a room" behavior of the judicial dilemma,that lies in its core elements,namely "the purpose of illegal possession","property damage".This paper focuses on these two core elements to carry out a detailed discussion,and gives the final conclusion.This paper is divided into four chapters,which are summarized as follows:The first chapter firstly discusses the concept and types of the behavior of the first and second sale of the house involved in this paper,divides it into the behavior of the second sale of the house under the general situation and the situation of unauthorized disposal from a macro perspective,and defines the scope of the behavior of the second sale of the house discussed in this paper: excluding malicious collusion,including unauthorized disposal.After that,the author sorts out and compares the regulation status of real estate in criminal legislation at home and abroad.From the perspective of judicial cases,the author analyzes the identification disputes of two different types of "one house and two sales" behaviors: civil fraud of contract and crime of contract fraud;The dispute between real estate theft and contract fraud.Then it analyzes the predicament of judicial cognizance,that is,the cognizance conflict between the ambiguity of the cognizance of the core elements in judicial interpretation and the connection of civil punishment.The second chapter is one of the core elements "the purpose of illegal possession" analysis.This part firstly defines the purpose of illegal possession from two aspects:whether the purpose of illegal possession is necessary in the cognizance of property crime and the connotation of the purpose of illegal possession and the specific connotation in thecase of "one house and two sales".Then the method of cognizance of the purpose of illegal possession--criminal presumption is briefly introduced.At last,it analyzes how to identify the purpose of illegal possession in the crime of contract fraud,including the basic facts and methods of specific identification,as well as the identification of the generation time of the purpose of illegal possession.Chapter three is the interpretation of "property loss",the second core element.This part first defines the concept of property,and discusses the special property from the two aspects that real property is the object of property crime and theft is not limited to secrecy,that is,whether real property can be used as the object of theft.Then,the positioning of loss in individual property crime and overall property crime is analyzed,and the theory of loss is sorted out.Finally,combined with the system of bona fide acquisition in civil law,the property loss in the case of "one house and two sales" in the case of unauthorized disposal is analyzed and determined.The fourth chapter is the specific identification of typical "one house,two sales" behavior.This part focuses on the four classic cases proposed in chapter 1,and makes specific identification of the real estate that has not been registered with any buyer,registered with the former buyer,registered with the latter,and has no right to dispose of the former buyer.