Research On Real Estate's Being Able To Be The Criminal Object Of Crime Of Seizing Property

Based on the ancestors'research, the author proposes that the offense of seizing property is one of the offenses against property with illegal possession as their purposes and changing property's possession relationship as their objective characteristic by using the peaceful or non-peaceful methods. In the background of Chinese criminal law, theft, robbery, crime of forcible seizure, deception, blackmail, robbery that the actor commits the forcible seizure with the dangerous weapon, transformative robbery and crime of assembling a crowd to scramble for property are concluded in the crime of seizing property. The criminal objects of offenses of seizing property consist of personal property and real estate.The article is divided into five chapters.In the first chapter, the author introduces the classification of crimes against property, the definition of crime of seizing property and the definition of real estate briefly.In the second chapter, the legislations and arguments on the crimes of seizing property are generalized.In the third chapter, the author emphasizes that real estate can be the criminal object of crime of seizing property. He proposes that we can't negate the construction of offense of theft on the real estate according to that there is not clear regulation in the criminal law, there is no inevitable connection between the variation of registration of real estate and the theft of real estate, the theft of real estate accords with the essential characteristic, traditional real estate can be removed today, and so on.In the fourth chapter, based on the rebuttal of the general theory of criminal academia, the author considers that the criminal object of robbery can contain real estate. Some examples are taken to demonstrate his arguments on the topic.In the fourth chapter, that real estate can be the criminal object of other crimes of seizing property is briefly demonstrated by the author.