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Legal Analysis:1Illegally imposing fines, revoking permits and licenses, ordering the suspension of production and business, confiscating property, and administrative punishments.
2.Administrative coercive measures such as sealing, seizing, or freezing assets are illegally employed. 3.
Levy property apportionment fees in violation of state regulations.
Legal basis: Criminal Code
Article 270 Sail Imitation Trespassing.
Where the property of others in custody is illegally taken into possession of oneself, and the amount per mu is relatively large, and the person refuses to return it, he shall be sentenced to fixed-term imprisonment of not less than two years, short-term detention, or where the amount of fine is huge, or where there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years, and shall also be fined
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.
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The case of property infringement is brief: one day in August 2000, the defendant Bian X and his gang were with Lu A, Lu B, and Li X lied that Wang had offended Song X in the project trembling stupid Sun contract, and Song X wanted someone to retaliate against him, and said that the other party needed 8,000 yuan, and they could come forward to "settle" the matter, and Wang X handed over 8,000 yuan to Lu Jia when he was afraid, and Bian X and the other four people divided the money. There are two opinions on the handling of this case.
One view is that the defendant Bian X was punished for the crime of extortion. One is that the defendant Bian should be punished for the crime of fraud. The crime of extortion and the crime of fraud have similarities in terms of the constitutive characteristics of the crime, the subject of the crime is an ordinary subject, and the subjective aspect of the crime is directly intentional and the purpose is illegal possession.
In the objective aspect of the crime, the crime of extortion is manifested in the act of extorting property from the owner or holder of public or private property by means of threat or coercion, while the objective aspect of the crime of fraud is the act of using fictitious facts or deceptive methods to conceal the truth to obtain money by deception. In terms of the object of the crime, the crime of extortion infringes on the complex object, that is, the ownership of public and private property and the personal rights of citizens; The crime of fraud violates a single object, that is, the right to be filed in the chain of public and private property.
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Violations of property rights include the use of violent or non-violent, open or secret methods to seize public or private property, misappropriate of unit property, or destruction of public or private property. State-owned property and private lawful property are protected by law, and no organization or individual is prohibited from encroaching, looting, or destroying them.
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, shall be sentenced to fixed-term imprisonment of not more than two years, 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 possession of themselves, and the amount is relatively large, and the surplus is refused, a 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.
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1. Illegally imposing administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and business, and confiscation of property. 2. Illegally take coercive measures such as sealing, seizing, and freezing assets against the government. Administrative coercive measures include coercive measures restricting personal liberty and restricting property rights.
Administrative coercive measures against property include sealing, seizure, freezing, etc. 3. Levy property apportionment fees in violation of national regulations. Citizens, legal persons or other organizations shall no longer bear any payment obligations except for the payment of normal taxes and the performance of normal collection obligations in accordance with the law, that is, administrative organs shall not arbitrarily impose collection rights on citizens, legal persons and other organizations.
Article 271 of the Criminal Law: Where personnel of a company, enterprise, or other unit take advantage of their position to illegally take possession of the unit's property, and the amount is relatively large, they are to be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently. Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units engage in the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.
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