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The Object Of Property Crime

Posted on:2012-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q HanFull Text:PDF
GTID:2216330338957804Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The object of property crime in our country there is considerable controversy ever. This article narrow main object of property crime, that criminal law against property under Chapter V of a crime. Chapter V under the target of a crime against property is "private property", but what exactly is "private property", specifically how to define, such as whether to include the property interests, there is no uniform conclusion theorists. Three decades of reform and opening, the market economy has gradually established diversified forms of ownership direction. China's rapid social and economic development, while the rapid increase of wealth, property type categories are also increasing. In addition, economic development also contributed to the advancement of technology, advanced technology has spawned new types of direct property crime. This is the traditional sense of the object property crime presented a great challenge. Therefore, it is necessary to further the object of property crime research and analysis.This article is divided into four parts, about thirty thousand words.The first part focuses on the concept of the object property crime. First, the German criminal law theorists on the "property" of the three different viewpoints, I am more inclined to "property of the economy, said," that is where the economic value (or monetary value) are the property of interest, can become the property of Crime protection of legal interests. This paper argues that the words "property interest" into the scope of the object property crime, so "property" includes "property" and "property interest" in two ways. Paper first discussed the "property" concept and characteristics of that property should have economic value, use value, controllability and other properties. The property interests will be included in property crime objects, you can more effectively protect the state and citizens of property interests, which also makes the legislative purpose of criminal law and constitutional principles of unity.The second part of the article from a different perspective on the type of object property crimes were defined. Whether the physical basis from the point of view, can be divided into property and property interests; is visible from a body perspective, physical objects and can be divided into non-physical things; it can move, and move from whether the damage produced on the value of the point of view, can is divided into movable and immovable property.The third part focused on the emerging discussion on the new object property crime.With the rapid development of network technology for virtual property, increasing crime, and the virtual property, the property itself, property and the need to maintain order in the real world, making virtual property into property crimes object becomes necessary. As for the contraband should analyze specific issues, can not be classified as general or excluded from the scope of the object property crime. The last section discusses human organs, tend to recognize the limited value of the property attribute of human organs and, in some special occasions can become the object of property crime.The fourth part of the article around to explore the amount of property crime. Section I of the amount of property crime conviction and sentencing of important aspects. Then the amount in respect of changes in the value of crime, awareness of the value of the error object of crime, as well as the amount of Coincidence accomplished Attempted selection of the topic.
Keywords/Search Tags:Property, Property, Property interests, Property crime target, The amount
PDF Full Text Request
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