Penalizability of"Unauthorized Temporary Use"of Others'Property Under Sharing-economy Background
Unauthorized temporary use of others'property,as a manifestation of the crime of theft,should be fully recognized as punishable under the current level of economic development.The essence of unauthorized temporary use of others'property lies in the violation of the right to use property,which is accompanied by a transfer of the value of property from ownership to use,and the recognition of its protection is a requirement of the openness of the legal interest.The exclusion of meaning as a basis for non-punishability is not necessary in the context of Chinese criminal law,but may lead to an undue limitation of the scope of protection of theft,and should not exist as a subjective element in excess of the crime of theft.The basis for the punishability of unauthorized temporary use of others'property lies in the constituent elements of the offence of theft by due process.The subsequent return of property as a criminological feature of theft by use can only be a sentencing factor and does not affect the determination of the crime of theft.The amount of loss should be calculated on the basis of the replacement cost of similar property in order to ensure that the crime is proportionate to the penalty.
unauthorized temporary uselarcenyexcluded meaningunlawful purpose of possession
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