Property Crime Property Loss Evaluation System Research

In property crimes,the judgment and measurement of property loss play a pivotal role.In the legislative model of the amount of crime,the existence and magnitude of property losses not only directly determine the crime and non-criminal,but also closely related to the choice of the legal sentence interval and the determination of the declared sentence.It can be said that how to determine the property loss of property crime has always been the focus of criminal law theory and judicial practice.However,while the research on property loss evaluation theory continues to prosper and develop,there is a clear separation between criminal law theory and judicial practice.This is mainly manifested as,the tendency of constructing the integration of legal benefits of property crime protection and the reality of differential treatment in judicial practice,the theoretical standpoint of comprehensive protection of use right value and the reality of limited protection in judicial practice,the theoretical construction of deterring crimes with rechtsscheintheorie and judicial practice adhere to the reality of impunity afterwards and the theoretical system of purpose distinction and the judicial reality of purpose mixed.Based on this,how to treat this separation,and then to the fusion of theory and practice,has become a practical problem that cannot be avoided in the research of property loss evaluation system of property crime.To the concept of property loss,the so-called property loss is the reduction of the victim's property calculated with a certain logical framework.Therefore,in the sense of life experience,the evaluation of property losses is "settling accounts".Since it is "settling accounts",first of all,you need to determine the calculation formula,and then bring in the unknowns in the formula one by one,and then calculate the amount of property loss.In property crime,the calculation formula of property loss depends on the legal interest of property crime,that is,individual property or the entire property.If the legal benefit of protection is individual property,the calculation formula is ‘property loss is equal to the value of the property lost by the victim due to theft,deception,etc';and if the legal benefit of protection is the entire property,the calculation formula is‘Property loss is equal to the value of the property lost by the victim due to theft,deception,etc.minus the consideration that the victim received due to the aforementioned behavior'.This is the question of whether the controversial consideration in judicial practice can be deducted.However,the determination of the legal interests of property crime is by no means an arbitrary act,but has profound theoretical and logical connotations.In property crimes,the different effects of the validity and invalidity of the contract formed by the flawless consent determine whether the consideration obtained by the victim has a legal basis,and further determines the substantial risks of different property infringements.Therefore,property crimes in our country should also distinguish between crimes against individual properties and crimes against entire property,and apply different formulas for calculating property losses.In situations where there is no defective consent such as theft and robbery,because there is no valid contract,the victim cannot obtain the ownership of the consideration.Therefore,the substantial risk of theft and robbery is the transferred property,and the protection of legal interests should be regarded as individual property.In situations where there is a flawed consent such as fraud and extortion,the contract is valid and the victim can obtain the ownership of the consideration.Therefore,the substantial risk of fraud and extortion is the difference between the transferred property and the acquired consideration,and the protection of legal interests is regarded as the entire property.In the calculation formula of property loss,the undesirable unknown item is the victim's property and its value.In this regard,the criminal law generally believes that the victim's property should have both legality and economy.However,the existing discussions always focus on the judgment of legitimacy,and seldom focus on the determination of economics.Taking the analysis of the theft for the purpose of temporary use as the observation object,it can be found that the victim's property has already overflowed the category of existing property,and includes future benefits.It is quite reasonable to include future available benefits into the scope of the victim's property,but the basic principle of relative certainty and criminal proof standards must be adhered to.Obtainable benefits with relative certainty have the same structure and function as the danger equivalent to property loss,that is,they are both substantively protecting the property of the victim.Because property is both present and future.In the calculation formula of property loss,the optional unknown item is the consideration received by the victim.The consideration that the victim obtains from the perpetrator may vary.It may be legal property or prohibited goods;it may be own property or the property of others.What kind of consideration can be included in the calculation formula for deduction is the content of the criminal law that must be screened.Starting from the theory of legal and economic property,the illegal consideration should not be included in the calculation formula,but the ability to include the property of others involves the issue of how the criminal law should treat rechtsscheintheorie and its system.The doctrinal nature of rechtsscheintheorie and the formal elements of its related systems determine that limiting fraud by rechtsscheintheorie is bound to face the crisis of losing the stereotype of fraud.At the same time,rechtsscheintheorie does not change the illegality of fraud itself.It not only misunderstands the function of damage distribution of externalism,but also conflicts with the existing criminal law to exclude the existence of fraud by rechtsscheintheorie unilaterally.But if the rechtsscheintheorie is included in the scope of property loss evaluation,it will not only lead to the phenomenon that the necessity of protection and the strength of protection are inversely linked,but also face the dilemma of punishment loopholes due to insufficient evaluation and making up for punishment loopholes at the expense of disposal act and material identity.In the settlement of property losses,in addition to confirming settlement standards in accordance with accounting principles,the scope of settlement property shall be delineated by distinguishing transaction relationships.The property paid by the perpetrator to others is not a suitable consideration.In the measurement of consideration,in addition to achieving the wish to be measured at the market value,there are also situations in which the undesired purpose fails.In the two-party transaction,it is the theory of personal property loss;in the unilateral payment,it is the theory of social purpose failure.At present,more and more scholars try to break the theoretical boundary between "personal property loss" and "social purpose failure",and construct a universal theory of purpose failure.But the existing attempts are always full of contradictions,or can not explain the normal transaction,or ignore the objective economic measurement,or lead to the imbalance inside and outside the system.In essence,in the theoretical construction of property loss,both unilateral payment and treatment payment are regarded as equivalent transaction.Under the principle of equivalent transaction,the social purpose and the property are mutually exclusive.Personal purpose depends on property,so it is mutually exclusive with social purpose.In this regard,we should pay attention to the legal side of the theory of law economic property,regard social purpose as the prerequisite for the victim's effective consent,and reexamine the objective settlement function of personal purpose,so as to form a new two-level structure that combines the objective property value settlement with the consideration of personal purpose and Judgement worthy of criminal law protection with the consideration of social purpose.The above-constructed property loss evaluation system not only has theoretical and logical inertia,but also has strong practical applicability.In the two-dimensional code case and its variant cases,the system helps to provide a unified settlement system,process and method for the evaluation of all property crime losses involving online payment on the premise of distinguishing the different transaction relationships of online transaction payments.In defrauding affordable housing and similar cases,the system not only helps explain why judicial practice deliberately treats different types of behaviors that are also defrauding social welfare,but also helps to provide clear judgments on the victim's property,consideration,and value.Standards that can be followed.