What constitutes a crime against property, and how is a crime against property constituted

Updated on society 2024-02-26
4 answers
  1. Anonymous users2024-02-06

    1) The object of infringement is the lawful ownership relationship of public and private property, and attention should be paid to the interconnection and unbridled distinction between property ownership and property.

    2) The objective element is that the act of infringing on the ownership of public or private property has been committed.

    3) Most of the subjects of this crime are general subjects, and a few are special subjects. According to the provisions of the Criminal Law, a person who has reached the age of 14 but is not yet 16 years old for the crime of robbery, habitual theft, etc., shall bear criminal responsibility.

    4) The subjective element must be that the pants and hail shirt are intentional.

    Legal basis] Article 263 of the Criminal Law, whoever robs public or private property by violent force, coercion or other methods is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine; In any of the legally-prescribed circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given.

  2. Anonymous users2024-02-05

    Property ownership consists of the four basic powers of the property owner: the right to possess, the right to use, the right to benefit and the right to dispose of his property in accordance with the law. Crimes against property The object of the offense is public property and property of private ownership of citizens. According to the provisions of Articles 91 and 92 of the Criminal Law, public property refers to state-owned property, property collectively owned by the working masses, social donations or special property used for poverty alleviation and other public welfare undertakings, and private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations is also regarded as public property.

    The property owned by citizens privately refers to: citizens' legal income, savings, houses and other means of subsistence, the means of production owned by individuals and families in accordance with the law, the legal property of self-employed individuals and private enterprises, and the shares, bonds, bonds and other property owned by individuals in accordance with the law. The property that is the object of the crime of infringing on property must have economic value, and its specific form can be the means of production, means of subsistence, movable property, immovable property and other property with economic value, or it can be a currency, valuable ** or valuable ticket representing a certain economic value, or it can be an intangible object such as electricity and gas.

    At the same time, the property that is the object of the crime of infringing on property must have an ownership relationship, that is, it must be owned by the State, the collective, or an individual citizen in accordance with the law. If it is unclaimed or abandoned, it cannot be the object of the offence under this chapter.

  3. Anonymous users2024-02-04

    The scope of property in the crime of assault on property refers to public property and property privately owned by citizens. Among them, public property includes state-owned property; property collectively owned by the working masses, etc.; Private property includes citizens' legal income, savings, houses and other means of subsistence; means of production owned by individuals and families in accordance with the law; property such as the legal property of self-employed individuals and private enterprises.

    [Legal basis].Article 91 of the Criminal Law of the People's Republic of China.

    "Public property" as used in this Law refers to the following property:

    1) State-owned property;

    2) property collectively owned by the working masses;

    3) Social donations or special assets used for poverty alleviation and other public welfare undertakings.

    Private property managed, used, or transported by state organs, state-owned companies, enterprises, collective enterprises, and people's organizations shall be treated as public property.

    Article 92.

    For the purposes of this Law, the term "property owned by the public and private individuals" refers to the following property:

    1) Citizens' lawful income, savings, housing, and other vital materials;

    2) The means of production that are owned by individuals or families in accordance with law;

    3) the legal property of self-employed individuals and private enterprises;

    4) Shares, bonds, and other property owned by individuals in accordance with the law.

  4. Anonymous users2024-02-03

    The crime of assault on property refers to the intentional and unlawful appropriation of public property and private property of citizens, or the intentional destruction of public or private property and property.

    Including: robbery; Burglary; the crime of assembling a crowd to loot public or private property; misappropriation; extortion; the crime of intentional destruction of property; sabotage of production and business operations, etc.

    1. How to sentence for the crime of intentional destruction of property?

    Sentencing for the crime of intentional destruction of property: where the amount is relatively large or there are other serious circumstances, the sentence is generally up to three years imprisonment, short-term detention or a fine; where the amount involved is huge or there are other serious circumstances of special hail talks, a sentence of between three and seven years imprisonment shall be given. The crime of intentional destruction of property refers to the intentional destruction of public or private property.

    The object of this offence is the ownership of public or private property.

    2. The difference between the crime of intentional destruction of public or private property and the crime of robbery.

    The difference between intentional destruction of public or private property and the crime of robbery:

    1.The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances.

    2.The crime of robbery refers to the act of forcibly taking public or private property by violence, coercion or other methods for the purpose of unlawful possession.

    3. How to count the crime of intentional destruction of property.

    1. The crime of intentional destruction of property must be subjectively intentional, and the enveloping is arbitrarily changed to include direct intent and indirect intent, 2. The perpetrator objectively commits acts of intentionally destroying public or private property where the amount is relatively large or there are other serious circumstances.

    3. The object of infringement of this crime is the ownership of public or private property, and the object of infringement is all kinds of public and private property.

    4. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime.

    According to the sub-provisions of the Criminal Code, the crime of infringing on property refers to the seizure of public or private property or the intentional destruction of public or private property for the purpose of illegal possession.

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