Study On The Boundaries Between Exercising Rights And Property Crime

Behavior for some objective reasons that they have obtained from others belongings or the property benefit right, to realize this right to the property crime means to obtain their belongings or the property benefit, whether to constitute corresponding property crime, this is the theory to study "the exercise of rights and property crime boundary" problem. On the exercise of rights and property crimes boundaries, whether in theory or in practice are controversial, for this kind of problems the lack of in-depth, systematic research. In view of this, to clarify the rights and property crimes boundaries, not only is the practice of looking for the theoretical basis of the urgent needs, but also the maintenance of law and order and a powerful means of property order. Property crime means to exercise the right behavior in practice every kind of the behavior, the type of analysis is to solve the exercise of rights and property crime boundary method. At the same time, the exercise of rights and property crime boundary relates to property crime law, property crime purpose of illegal possession in the identification, the legitimacy of the right of judging the deep-seated problems, thus requiring a comprehensive and detailed study.This text has five parts.The first part introduces the practice in three typical case and the processing result, presenting each case dispute and focus.The second part introduces the United Kingdom and the United States, Germany, Japan the theoretical circle and theory circle of our country to exercise the rights and property crime research.The third part of the take criminal means to exercise the right behavior are classified and on every type one one was analyzed.The fourth part of the exercise of rights and property crimes boundaries proposed three solutions that behavior is crime law, whether the purpose of illegal possession, whether there is a legitimate rights foundation.The fifth part of this article in three cases conclusion one one undertook reviewing analyse and clear their positions.