虚设存车处非法占有他人车辆行为的定性-刑法学专业毕业论文.pdfVIP

Abstract The “behavior of setting false parking lots to possess vehicles of others illegally” refers to that the perpetrator sets false parking lots for the purpose of illegal possession of others’ vehicles to exclude others ’ possession and achieve their own domination over the vehicles. In practice, there are two main types: open possession and secret possession of setting false parking lots to possess others’ vehicles illegally. The former refers to that the perpetrator transfers the vehicles to other places in the presence of the owners with various reasons or excuses when the owners fall prey to storing their vehicles after the false parking lots are set, and thus possesses illegally without caring the number. The latter refers to that the perpetrator illegally possesses the vehicles that the victims store in the false parking lots with the methods of “first controlling, and then possessing”. There are many disputes in determining the behavior of setting false parking lots to possess vehicles of others illegally in the criminal theory and judicial practice, in general, mainly including the views of fraud crime, contract fraud crime, embezzlement crime and theft crime, in which the view of theft crime is popular. The view of embezzlement crime regards the perpetrator ’s temporary custody of the vehicles as “keeping”, and believes that setting false parking lots to possess vehicles of others illegally constitutes a crime of embezzlement, but it cannot explain the legitimacy of the “keeping” and the preexistence of the purpose of illegal possession. Based on the fraud of “false parking lots” and the “delivery” behavior of the owners handing over vehicles to the perpetrator for custody, the view of fraud crime believes that setting false parking lots to posses