保安不法出租他人房屋案之我见——兼谈盗窃罪的犯罪对象

My Opinion of the Case that the Security Guard Disposal of Property without Grounds——Also on the Object of Theft

保安冒用房主名义将房屋出租并将租金据为己有,这一行为的性质在理论与实践中均引发巨大争议。要确定能否对其行为进行刑法上的评价以及如何评价,首先得明确其犯罪对象。我们认为,财产性利益在刑法作出明确规定之前不能仅依解释论成为财产罪的犯罪对象;相反,不动产作为财物的一种,可以成为盗窃罪的犯罪对象。

The security guard fraudulent the landlord and rental the house to others, then get the rent for himself. His behavior caused a huge controversy both in theory and practice .To determine whether his behavior was evaluated in criminal law and how to evaluate, first of all have to clear their criminal object. In my opinion, prior to the Criminal Law to make specific provisions, property interests can not be the object of the property crime only bepend on interpretation theory, on the contrary, estate property, can become the object of theft crime.