On The Object Property Crime

The object of crime against property is a disputed question in a long period among native criminal theoretical fields. There are broad sense and narrow sense about the crime against property. In this thesis, the author discuss the narrow sense about the object of crime against property, which enacted by the Chinese Criminal Code of the fifth chapter. As we know, the object of crime against property enacted by Criminal Code is the public property and private property. But with the marketed economic system established, science and. technology growing, different ownerships fundaments varying, some new property come into being, the traditional theory for the object of crime against property facing many challenges, so the cognizance for the object of crime against property need more perfecting.The thesis is composed of three parts with 30000 words approximately.In the first part of the thesis, the author analyzed the disputing among native criminal theoretical fields about the object of crime against property, and the significance researching of it. Then discussed the definition of the property and the effects, the author thinks that it is important to look at things dialectically, and comprehending the scope of property in broad sense, because the property became unnatural, unfixed and unfeeling. So need extensively interpret the concept of property according to the essence of Constitutional Law, such as tangible property, intangible property, and the interest of property, unless the Criminal Code have enacted specifically. The author summed up three general characters about the object of crime against property, those are economic value, owning or occupying by others, relative prescribing. In the second part, the author discussed the object of crime against property from the common property, new type property, worthy discussing property. According to the different type of property, such as personal or movable property, real or immovable property, tangible property, intangible property, contrabands, and so on, the author combined the nature of criminal and the feature of action among each criminal act, cognized the scope of the object. Meanwhile, by distinguishing the difference between ensure function for human rights and safeguard function for society of criminal sanction, the author thinks that it should bring more function for society safeguard, so the illegal occupying or gains are also the object of crime against property. Facing the intricate and developing type of property, property can be the objects depend on whether the offense contravened the ownership which need criminal law safeguard or not, it is also the administration of property. So every property which human can master, using, arranging, and also not against the morals and custom, can be the object of crime against property.In the third part, according the Criminal Law, the sentence of one criminal penalty not only needs the criminal character, but also needs the evaluating of the criminal amounts, so it is useless for the judgment if only discussed the object of crime against property, but not discussed the amounts of criminal amounts. There have many divergence on the way that how to define the amounts of criminal gains in the administration of justice. It is difficult even if to define the tradition object. It is also more difficult to define the new type object, such as virtual property, because it is unusual. So according to the principle of law, the author discussed the way that how to define the amounts of criminal gains, particularly for those which have some disputation, or new type property, or the value varying.