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Guilty Of Possession Of Property

Posted on:2012-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhangFull Text:PDF
GTID:2236330368477004Subject:Law
Abstract/Summary:PDF Full Text Request
Property crimes, direct protection of legal interests will occupy as a combination of civil law but not the incidence of in-depth study based on their possession, will be inappropriate to expand the scope of punishment and treatment in the analysis based on public law against possession and possession of contraband against the logic of reasoning The last draw inappropriate conclusions. Property Crime in the protection of legal interests must be a civil rights on the original (not limited to ownership), or in civil law to determine the relationship between ownership of property or reduction of the Criminal Code be known as the object of protection of property crime. And, in particular, need to explain that because the property involved in criminal and civil law relations in different ways, so here the so-called civil law to establish or restore the relationship between ownership refers to the final positioning in terms of the legal system, and does not refer to civil law to obtain property The specific system requirements; in other words, the specific institutional arrangements to obtain property rights as a follow-up questions to be addressed by the civil law. Greater emphasis on criminal law in fact dominated possession and control, and this is in the possession of the main differences between civil law. Protection of property rights from the civil law to discuss the possession of its own As the significance of property crime is tantamount to building castles in the air; criminal law, the possession of property crime in itself determine the legal interests protected and no real function, its role is only reflected in a house on property crime When the specific basis for different categories of crime. For example, in access to sexual crimes, whether the transfer of possession of property under the standard can be divided into:a capture-type associated with transferring the crime of theft, usurpation of property, robbery, fraud, extortion and other crimes and embezzlement are not accompanied by transfer of possession.In determining the time possession, under normal circumstances, the right people in the real property held on the occasion, and the property rights holders are placed in a closed space dominated by the occasion, for the possession of the person in possession of the property does not exist the difficulties in ascertaining. However, when the property is not obvious when the fact that relations of domination should be taken into account objective elements (the possession of the fact) that the domination of the property, and the subjective element (the meaning of possession) is dominant meaning, and then under the general social attitudes to make judgments.This paper can be found on the possession of property and its ownership of the exclusive processes where the sites and whether there is a special relationship to take the definition of a ladder model:first, the place where the property itself has a very strong exclusive occasions; Secondly, property is located Places only have a certain exclusive occasions; again, where the place itself is not the exclusive property and the property itself, but there are some occasions special relationship; Finally, neither the exclusive property of the host sites, but also with the property itself, without any special relationship of the occasion. Note that, in these circumstances should also be on the property at the premises of the reasons why the specific status of the investigation to arrive at the same time as accurate judgments.
Keywords/Search Tags:Property crime, Protection of legal interests, Occup
PDF Full Text Request
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