Is the theft of private property a violation?

Theft is of course a violation of property rights, and you can report it to the police, or you can directly sue for civil compensation.

Be. Legal basis:

Article 13 of the Constitution: The lawful private property of citizens shall not be infringed upon. 。The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law.

The State may, in accordance with the provisions of law, expropriate or requisition citizens' private property and provide compensation for the needs of the public interest.

Article 75 of the General Principles of the Civil Law A citizen's personal property includes a citizen's lawful income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and the means of production permitted by law to be owned by the citizen, as well as other lawful property. Citizens' lawful property is protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal, seize, freeze or confiscate.

The theft of private property is certainly embezzlement. Property damage was injured. You can keep the live alarm. To protect your legitimate rights and interests.

The four people were stolen from the chai tea, of course, they were violated, this is certain.

That's right, isn't this just that private property has been infringed, just call the police!

Of course, you can call the police.

The upstairs lawyer explained it very well. Hope!

Where private property is infringed upon, a civil lawsuit may be filed in the people's court to request the return of the property, which means compensation for losses; If the crime of embezzlement is suspected, the victim may directly report the case to the people's court, and the people's court will directly accept it, and the perpetrator will be sentenced to criminal punishment in accordance with law.

Legal basis:Article 119 of the Civil Procedure Law.

The prosecution must comply with the following provisions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

2. [Legal basis].

3. According to Article 4 of the Tort Liability Law, if the infringer shall bear administrative or criminal liability for the same act, it shall not affect the tort liability in accordance with the law. Where tort liability, administrative liability, or criminal liability should be borne for the same act, and the infringer's property is insufficient to pay, the tort liability shall be borne first.

4. According to article 270 of the Criminal Law: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph on defense attacks.

5. The crime of this article shall only be dealt with if it is notified.

Civil Code of the People's Republic of China

Article 1184:[Methods for Calculating Property Losses]Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market at the time of the loss or other reasonable methods.

1. How to prosecute crimes against private property.

There is no crime of infringement of private property in our country, and the main crimes suspected of violating private property are the crime of embezzlement and the crime of intentional destruction of property.

Among them, the crime of intentional destruction of property is a public prosecution case, and it is sufficient to report or report the case to the public security organs, people's procuratorates, or people's courts. Reports, accusations, or reports may be made in writing or orally.

The crime of embezzlement is a private prosecution case, and the victim should collect evidence and draft a private prosecution petition to submit to the people's court with jurisdiction.

Criminal Procedure Law of the People's Republic of China

Article 110:Any unit or individual discovering the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where it is not within one's own jurisdiction and it is necessary to take urgent measures, emergency measures shall be taken first, and then transferred to the competent organs.

Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.

Article 111:Reports, accusations, or reports may be submitted in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal.

Staff members who receive accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations. However, as long as it is not a fabrication of facts or fabrication of evidence, even if there are discrepancies in the facts of the accusation or report, or even if it is wrongly accused, it must be strictly distinguished from false accusation.

Public security organs, people's procuratorates, or people's courts shall ensure the safety of informants, accusers, informants, and their close relatives. If the informant, accuser, or informant is unwilling to disclose his or her name or the conduct of the report, accusation, or report, he shall keep his secret.

Criminal Law of the People's Republic of China

Article 270:[Trespassing Chains Including Crimes of Appropriation]Whoever illegally takes possession of other people's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

Article 275:[Crime of Intentional Destruction of Property]Whoever intentionally destroys public or private property, and the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Legal basis: Article 13 of the Constitution of the People's Republic of China The lawful private property of citizens shall be inviolable. The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law.

For the needs of the public interest, the State may, in accordance with the provisions of law, expropriate or expropriate citizens' privately owned property and give compensation.

Property ownership refers to the owner's right to possess, use, benefit and dispose of his or her property in accordance with the law. Ownership means that all owners enjoy the fullest and most complete right to control things, and it is the most complete form of property rights. Citizens' personal lawful property is protected by law in accordance with law, and no organization or individual may infringe upon the lawful property rights of others.

Where the property rights of the owner are infringed upon as a result of the infringer's tortious acts, and then the property is dismantled and the property is disleased, the infringer shall bear the corresponding civil liability. The main ways to bear civil liability are the return of property and compensation for losses. Therefore, when the lawful property of the owner is illegally occupied by the actor, the right holder has the right to request the infringer to return the property in accordance with the law.

Article 18 of China's State Compensation Law stipulates that if an organ exercising the powers of investigation, procuratorate, adjudication, or prison management and its staff commits any of the following violations of property rights in the exercise of their powers, the victim shall have the right to obtain compensation.

1) Illegally taking measures such as sealing, seizing, freezing, or recovering the property of the Fortune and Travel Cave;

2) The verdict is changed to not guilty in a retrial in accordance with the trial supervision procedures, and the original fine or confiscation of property has already been enforced. According to the provisions of this article, the circumstances in which the State bears criminal liability include the following: 1. Taking measures such as sealing, seizing, freezing, and recovering property in violation of the law.

1) Seizure. In criminal proceedings, seizure refers to a measure taken by the judicial authorities to seal on the spot property that can be used as evidence or is inconvenient to extract in connection with the case.

2) Seizure. According to the relevant provisions of the Criminal Procedure Law, the seizure is aimed at physical and documentary evidence. The so-called seizure of physical and documentary evidence is a kind of criminal compulsory measure taken by judicial organs and their staff to forcibly destate items and documents that can prove the guilt or innocence of a criminal suspect in accordance with law.

3) Freezing. Freezing refers to a measure whereby a judicial organ discovers that a defendant's deposit or remittance is directly related to the case during the investigation and trial of a case, and requests the relevant unit to stop the payment or transfer of the defendant's deposit or remittance. The judicial organs may employ measures to inquire into or freeze the assets of criminal suspects.

4) Recovery. The Code of Criminal Procedure does not provide for recovery measures. 2 The retrial was not guilty, and the original fine and confiscation of property were executed.