On The Legal Interest In Property Cirme

Property crime happens very frequently in real life. However, the scope ofproperty crime is still not very clear. It is the reason that changing property crimerange and system are made by the complex and volatile social life. Manyinconsistencies and mistakes in theoretically or arbitrary and random in practicaluses are appearing when we try to dealing with difficult cases. The scope of propertycrime sometimes is too large, sometimes too small. Therefore, according to theparticularity of the elements and the rights of civil law, establishing the hostconception to framework for the scope of protection in property crime, differentprotecting between right and interest gradually clarifying the legal interest system ofproperty crime, is becoming urgent and necessary.Therefore, we have to first clarify the close relationship between the legalinterests of property crime with criminal elements and various forms on the whole.This article is based on the difference between illegal and responsibilities. Illegalelements theory is a starting point. Elaborating property crimes legal interestsdirectly determine the actions conforming with the elements, and in some cases,constitute the elements. Responsibility as a subjective judgment, legal interests andresponsibilities are associated on the meaning that whether recognizing the propertycrime law interests or not and recognizing how extent law interests violated. Theerror of law interests directly determine responsibility negates or relief. Thedifferences protection of legal interest in property crime affect the patterns of crime,the accomplice and the judgment of the crime number, which determined themeaning of its existence.Since the legal interest is very important, so determine the scope of the legalinterests of property crime is imperative. It is studied by the theories of criminal lawand jurisprudences of Germany and Japanese. There are theoretical dilemmas inJapanese. Middle theory based on rights and occupies have always been around thief which be limited to property. However, property crime legal interest is not limited tothe property, property interests is also a part of legal interests. According to themiddle theories, we can not recognize that whether property interests occupied andtransferred or not, patterns for transferring. Also metastasis and elimination be notdistinguished for interests, and the damage of property will not be explained in theoverall property crime which has a direct impact on whether actions constitute theproperty crime, what crimes and patterns and. German theory do not exist difficultiesto explain property interests. The theory of economic value could determine therange of property crimes and decide the standard of judgment in damage of property,Nevertheless, the system of legal interests be not certificated and tested rationality.Basing on the theories of property and jurisprudences researched in Germanyand Japan, and distinguishing between interests and property, upper concept ofproperty defined by the theory of economic value in Germany is better to others. Thebreakthrough and beginning points of explanation is difference between rights andinterests. The second system are established by the theory of reasonable occupywhich constructed by property object and the objective economic value with majormission purpose, determining damage of property, which constructed by interestsobject. The third system will be build by the approach of cases study, analyzing theessential difference for elements and difference between rights and interests in civillaw, and trying to depict and outline the legal interests of property crime manners ofapplicable in incomplete rights of the debt (including payment for illegalreasons),completely rights of the debt, exercising claims, debt performance(including the parties benefits),the ownership and the right to expect, guaranteeinterests (including subordinated interests),and other contents. Finally, according tothe above conclusions, there are two reflections for Chinese criminal law. First, theinterests and real estate will be violated by theft, and second, restriction explanationis necessary to the91(2) of the Criminal Code. In the case of the righter to reply foroccupy state. A property crime will be constituted only when the occupy statepredominated by country which prepare property interests, with using or disposingpossibilities, and the violation preparing substantial illegal. Otherwise, in the case ofthe righter to reply for occupy simply, it does not constitute a property crime, means the situation can be identified as crime of obstructing and intentional assault.