Study On The Protect Of Private Property By Criminal Law In China

The right of private property is the base of human right, the great safeguard of social order stabilization, and the embodiment of impartiality and justice. in 2004,"protecting people's legitimate private property against invasion"was written in Chinese constitution. It is not only providing the according of protecting on the private property, but also the according of protecting on capital authority and creditor's rights and so on. Criminal law is an important department of law, and the last safeguard of laws, so it's necessary to implement the sprite of constitution.This thesis reviews the extension and characters and value of protecting of the private property, compares the different ways and contents both here and abroad, analyses the actuality of the criminal law protect on property and intellectual property and creditor's rights and internet dummy property, and constitute suggested laws to their limitation. Aiming at getting more first hand information, we make survey on the attitude of people on the private property. The result of survey shows that: the legal status of private property is still under the public property.So we suggest that we should change the idea firstly, and establish the equal protect idea, eliminate the discrimination on the private property. Then we should give the equal status to the private property in criminal legislation, so we especially emphasize on distinguishing between movable and immovable property, strengthen the protecting on patent right and service mark right and copyright and trade secret by criminal law. And perfect the legislation on bankruptcy criminal behavior and debtors escape from debt hostilitlyand so on, protect people's legitimate interest, accelerate the harmonious development of the society.