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The Study Of Object Of Crimes Of Property Violation

Posted on:2008-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:B YangFull Text:PDF
GTID:2166360218458133Subject:Criminal Law
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In the early era of agriculture, property crime is targeted only at some food and tools of production, the agricultural era of late property crime targets accordingly broadened to include the most corporeal objects such as : money, all movable property, real property or person (slaves); the industrial era, the main property crime are still on target universal equivalent (currency) and the general material wealth (tangible things), which meanwhile agree to some extent have intangible things could become the targets of property crime, for various intangible properties have already begun to protect it. To the era of the knowledge economy,property crime, targeting not only the tangible property, intangible property to occupy an important share,and the emergence of virtual property makes more complicated of the target of the property crime.Property rights into the constitution, property relations are the development of society as increasingly complex legal performance. As a next-to of constitutional law, the Criminal Law should provide full protection for property rights, specific property crime through legislation to expand the targets and the protection of legal interests. From the targets of violations, property interests, virtual properties, and other property offenses will undoubtedly be included in the scope of regulation. Although many countries or regions have been put the property interests into property crime targets, But China's current Criminal Law does not directly regulate the property interests as the target of crimes of property violation. But in our country, property, as the target of crimes of property violation is broadly speaking, so it should be include property interests. Although China's current criminal law has not been a clear regulate for the interests of property offense, but theoretically explain that the property interests can become the target of crimes of property violation. While it has been unable to have a verdict for the virtual property of the nature of property rights theory, but from the perspective of the Criminal Law, we can regulate the virtual property as categorize it be the property interests. In addition to Criminal Law has clearly stipulated the corpse as the target of the , with the rest of the phase separation of the human body should be considered as part of property, property offenses can become targets of crime.In Germany, summing up the concept of property, there are three versions: 1) the theory of law of property; 2) the theory of economy of property; 3) the theory of legal and economic of property. In Japan are: a) the theory of proprietorship, 2) the theory of occupancy, 3) the theory of amendment. In my opinion: in China's Criminal Law, the "property" in Crimes of Property Violation refers to an economic value and management of the possibility of other people's legitimate possession of the tangible things, intangible things and legitimate interests of property, and property law (including a legally judicial interpretation) clear targets for property crime unlawful possession of the tangible things, intangible things and illegal property interests. Criminal features of the property: 1) economic value, 2) external; 3) having management potential and possibility of the transfer, 4) holding for others 5)being the national criminal legislation choice. The author re-classifications of the object of Crimes of Property Violation are: 1) Tangible things and intangible things; 2) Tangible properties and intangible properties; 3) reality properties and virtual properties; 4) legal properties and illegal properties.
Keywords/Search Tags:Crimes of Property Violation, Object of Crime, Property, interests of Property, Virtual properties
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