The constitution of a crime is the condition for the establishment of a crime stipulated in the criminal law. It is a specific standard to judge whether an act constitutes a crime and what kind of crime it constitutes. The crime constitution theory is based on the provisions of the criminal law and studies the conditions and elements that a behavior must meet to constitute a crime.
Extended data:
Handling of the sale of multiple houses:
Disputes over the sale of one house and two houses should be handled differently in practice according to different situations:
1. After the seller concluded contracts with two different buyers, it fulfilled the contractual obligations of the latter buyer and completed the property rights transfer registration procedures.
In this case, both parties’ house sales contracts are valid. However, since the established contract has been fulfilled, the buyer in the contract has actually obtained ownership of the house. At this time, the nature of the creditor's rights enjoyed by the two buyers is different: the latter buyer is already the owner of the house because its creditor's rights have been satisfied, and therefore has the right to claim property rights arising from the ownership of the house.
The former buyer has the right to claim credit arising from the house sales contract, which is a right to claim against the seller, especially the right to collect the price, and has no direct control over the subject matter of the sale itself. and exclusive effectiveness. Even if the subject matter of the sale has been moved in, since the ownership of the house has been registered and transferred to the subsequent buyer,
therefore, its possession of the house has lost the legal basis, constitutes no right to occupy, and it shall bear the obligation to return the house. . According to Article 110 (1) of the Contract Law, if the seller fails to perform non-monetary obligations to the buyer or the performance of non-monetary obligations does not comply with the agreement and is legally or factually unable to perform, the buyer shall No performance may be required.
If the seller violates this obligation, it shall bear corresponding legal consequences. In other words, the subject matter of the contract has been owned by others and actual performance is no longer possible. In this case, there is no question of compelling actual performance. At this point, the contractual debt is converted into a debt for damages.
2. After the seller sold the house to the former buyer and registered the property transfer, he entered into a sales contract with the subsequent buyer for the same house.
At this time, because the property rights of the house have been transferred, the seller is no longer the owner of the house. A seller sells other people's things. Paragraph 1 of Article 132 of the "Contract Law" stipulates: "The subject matter sold belongs to the seller or the seller has the right to dispose of it." Things that are not owned by the seller and that the seller has no right to dispose of do not constitute a sale. The subject matter of the contract.
Concerning the system of non-right to dispose of, Article 51 of the "Contract Law" stipulates: "If a person who has no right to dispose of other people's property obtains the right of disposal after ratification by the right holder or after the person without right to dispose of the property concludes a contract, The contract is valid. ”
3. The transfer registration of the two transactions has not been completed.
In the absence of registration of ownership transfer in both sales, the ownership of the house is still enjoyed by the seller, and neither buyer of the two sales has obtained the ownership of the house. In principle, buyers can only safeguard their rights and interests through debt protection.
Double claims based on successive sales contracts are on an equal footing and have no hierarchical relationship. Therefore, both the former buyer and the subsequent buyer can request the seller to perform their debts at any time.
One of the rights of the buyer in a house sales contract, which is also an important part of performance, is the right to exercise the right to request for registration of transfer of house ownership. Under the premise that the realization of two claims constitutes a competing relationship, whoever obtains the right to apply for registration first will have priority.
Legal consequences:
If there is indeed evidence that the developer "sold one house and two houses", according to the "Interpretation of the Supreme People's Court on Several Issues Applicable Law in the Trial of Commercial Housing Sales Contract Disputes" Article 8 stipulates that if the purpose of the commercial housing sales contract cannot be achieved under any of the following circumstances, the buyer who cannot obtain the house may request to terminate the contract, return the paid purchase price and interest, and compensate for losses.
The seller may also be asked to assume liability for compensation not exceeding twice the price paid: (1) After the commercial house sales contract is concluded, the seller mortgages the house to a third party without notifying the buyer. Three persons; (2) After the commercial house sales contract is concluded, the seller sells the house to a third party. "
In this case, Mr. Zhang Can requested to terminate the contract, require the developer to return the paid purchase price and interest, and compensate for losses. He can also require the seller to bear a compensation liability not exceeding twice the paid purchase price.
The intention of selling more than one house constitutes a crime;
Article 1 of the French Penal Code (1810): "A crime punished by law for violating the police is called a crime against the police; law
Crimes punished by law are called misdemeanors; crimes punished by corporal punishment under the law are called felonies. "
The formal concept of crime originates from the principle of legality of crime and punishment, and is a concept of crime derived from the principle of legality of crime and punishment. The formal concept of crime focuses on the criminal illegality of behavior, and uses criminal illegality as a basis to distinguish crimes and non-crimes. The only standard of crime.
The so-called form of crime concept refers to the definition of crime in the sense of legal norms. Therefore, the formal concept of crime can also be called the legal concept of crime relative to society. It is a formal thing, which is the identification of certain social relations or social facts.
However, this legal form has a normative effect on social relations or social facts, thereby making this social relationship. Or social facts are legal. On the issue of crime, crime is an objective social fact and is a behavior that is negatively evaluated by society according to certain value standards.
But before the provisions of the criminal law, this behavior is not. Violation of the law cannot become a crime in the sense of criminal law. It is through the provisions of criminal law that a certain behavior is transformed from a negative social evaluation into a criminal behavior in criminal law.
It can be seen that the formal concept of crime is substantive. The legal content. More importantly, the concept of crime form gives criminal illegality and provides legal standards for identifying crimes, which is of great significance for protecting human rights and ensuring the correct implementation of criminal law.
Baidu Encyclopedia - Crime.
Baidu Encyclopedia-One room and two houses for sale