Aunt cleaning in the community illegally occupies the owner's things. How to deal with it privately?

You can find a property to solve it, and you should call the police in time if the property does not act. This kind of behavior belongs to the crime of theft, which refers to the act of transferring and occupying the control right of others' property by escaping the control of others for the purpose of illegal possession. If the amount is too large, it will also constitute theft.

Legal analysis

According to the relevant laws and regulations, illegal possession of the owner's property and private disposal have constituted theft. The main features of theft are: 1. The object of infringement is the ownership of public and private property. Second, the objective aspect is that the actor secretly steals a large amount of public and private property or steals it many times. Third, the subject of this crime is the general subject. That is to say, any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute this crime. Fourthly, this crime can only be constituted by intention subjectively, with the purpose of illegal possession. The actor knows that the object of his theft is the property owned or occupied by others. The actor only needs to infer that the thing is owned or occupied by others according to general cognitive ability and social common sense. As for who the owner or occupier of the property is, it does not require the actor to have a clear and specific foresight or understanding. Illegal possession includes not only one's own possession, but also possession for a third person or collective. Illegally stolen property is taken as one's own, and then it is destroyed, given to others or illegally possessed by others, which is the problem of the criminal's handling of the property. It cannot change the nature of its illegal infringement of property ownership and affect the establishment of the crime of theft.

legal ground

Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for more than five days and less than ten days, and may also be fined less than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.