Judicial Determination Of The Ex-husband’s Unauthorized Possession Of His Ex-wife’s Car And Concealing Behavior

Theft is one of the most common criminal offenses in criminal law,with a high number of cases.Although the academic community has a more complete theoretical basis and research results,there are also relevant legal provisions and judicial interpretations to make a detailed regulation of it,in order to help deal with the relevant issues in practice.However,there are still individual problems that have not been completely solved,resulting in controversies in judicial practice.Among them,such as theft,whether the need for "secrecy" element as its objective elements exist,how to identify the "secrecy" element,the purpose of illegal possession of the identification criteria and other issues.In this regard,this paper follows the case,by sorting out the controversial points in the theft case of Tan Mou,combined with the relevant views of the theoretical community and the practical community of cases,the above controversies and problems,and put forward relevant thinking and recommendations.This paper consists of four components: firstly,an introduction.The research background of the crime of theft in China in recent years is briefly explained,and the significance of this paper is derived.Through the study of the current literature on relevant theories,analysis of cases and other methods to provide a theoretical basis for better identification of the crime of theft in judicial practice.The second part is a brief introduction of the case studied in this paper and a summary of the two main points of contention.The basic facts of the theft case and the two main points of contention(whether the case is in line with the secrecy element,and whether Tan has the purpose of illegal possession)are introduced.The third part is a review of the case according to the relevant legal application.Combined with the theoretical research base of the academic community and the relevant case analysis,on whether the need for the element of secrecy to discuss,based on the "secrecy" element of understanding and how to identify the analysis,that the case Tan Mou in front of the security guards to drive away the vehicle in question behavior in line with the "secrecy " The defendant Tan Moumou took the vehicle in this case The purpose of unlawful possession.The last part is the reflection and suggestion.Based on the application of the law and case analysis,this paper provides a detailed analysis of the case,two relevant suggestions are made: unifying the rules for determining the objective elements of theft;the specific relationship should not affect the conviction but only the sentencing.