Research On Systematization Of Property Crimes

Property crime has a long history. Property crimes are important research topics, because property and human's stable life are inseparable. Property crimes are concerned with the survival of human. Criminal law scholars in our country are all serious with the study of property crimes. However, most of researches are closed, isolated with the only viewing angle of single crime today, they do not pay attention to the systematization and tendency of criminal law explanation. so systematization of property crimes is unbelievable. A lot of conceptions are vague. We have no rule to explain single crime, so there are many incomprehensible conclusions. In order to amend the faults of the common opinions and make reasonable explanation, we need to learn from continental law system country, especially Japan and Taiwan area:Scholars study property crimes in systems. Then the issues of property crimes are clear, it is good for finding suitable solution plans and making rules for explanation and application to reduce the risk of mistake.This dissertation comprises three parts besides introduction and epilogue, which is divided into three chapters to describe. As follows:Introduction:Describes the situation of researches about property crimes today, shows the current status of China's national conditions and the current difficulties. then explains the necessity of property crimes systematization.Chapter one:The summary and evaluation of different doctrines about property crimes classification. First, explains the different doctrines about property crimes classification summarized by scholars from Japan, Taiwan area and mainland, makes standards and ranges of each property crimes classification clear. Second, shows the meaning of property crimes systematization. Building property crimes system not only is useful for explanation based on the characteristics of single crime, but also can provide precise, operational standards for application. Third, explains the legislative background and theoretical basis of all property crimes classifications, shows the applicable possibility of them according to criminal law in our country. The theory cannot separate itself from the laws, property crimes system must base on criminal law articles.Chapter two:Explains the basic system of property crimes. First, Points out the view that building the basic system of property crimes must determine constructing clues at first. The most appropriate clues should be intent of illegal possession and possession. Second, shows the first clue in building the basic system of property crimes—intent of illegal possession. The paper Describes intent of illegal possession from three aspects:Whether the purpose of illegal possession is necessary, the basic meaning and meaningless of illegal possession intent. Intent of illegal possession can explain the differences in legal punishment between obtain crimes and destroy crime, it is important for the identification of possession. The purpose of illegal possession has eliminated meaning and use meaning two aspects, both can be abandoned. In constructing the property crimes system sense, the purpose of illegal possession is the boundaries between obtain crimes and destroy crime. Third, explains the issues related with the identification of possession. Possession is the second clue of building property crimes system, it is the classification standard for obtain crimes. This paper discusses the identification of possession from two aspects:The relationship of "Possession in civil law" and "Possession in criminal law", the identification of possession in criminal law. Possession in criminal law emphasizes on actual domination, control more strictly than possession in civil law. This paper clarifies possession concept from three aspects:The objects of possession, actual domination and the intent of possession.Chapter three:Elaborates the boundaries between two crimes. Explaining the boundaries between two crimes according to criminal law articles is easy and clear. But two crimes which are respective from each other may be mix up in practice, the identification of single crime will be complex. This chapter shows the boundaries of crimes with the angle of system explanation.First, Show the boundaries between transfer possession crime and no transfer possession crimes. The most vital point of this part is the boundaries between embezzlement and no transfer possession crimes (such as theft, fraud, robbery, etc). The objects of embezzlement are the property which is occupied by actors or the possessors are not clear. But the objects of no transfer possession crimes (such as theft, fraud, robbery, etc) are the property which is occupied by others. The original possession is destroyed by actors. At last, a case is added in order to certify the conclusion above.Second, explains the boundaries among transfer possession crimes. The premise of identification boundaries accurately is explaining single crime reasonably.The faults of the common opinions are explaining single crime falsely. The boundaries among robbery, snatching crime and theft are the different means of behavior:The behavior means of robbery are those methods which can suppress others resistances. The behavior means of snatching crime are those methods which may lead to others casualties. The behavior means of theft are those methods which are more moderated. The boundary between robbery and extortion crime is different degree of behavior means:The behavior means of robbery are those methods which can suppress others resistances, But the behavior means of extortion crime are more peaceful. The boundary between theft and fraud is whether creditors dispose property on account of erroneous understanding. At last, three cases are added in order to certify the conclusions above.Epilogue:This part is a summary of the whole paper. First, shows the property crimes system with a chart. Second makes a brief induction about unsolved problems about property crimes limited by time, then prospects the foreground of research on systematization of property crimes.This dissertation makes reasonable arguments about the property crimes system using system interpretation method, property crimes become a harmonious system. Building property crimes system aims to establish basic principles of interpretation and application for property crimes. Furthermore, this dissertation puts forward novel conclusions on the boundaries among property crimes, provides practical standards for judicial practice, this is helpful for achieving justice.