| With China’s rapid economic development, property relations are increasingly diverse.Under the new situation,how to protect the reasonable and orderly property relations betteris becoming an increasingly prominent problem. Theft as the highest incidence of propertycrime is a major threat to our property order. Theft legal interest in the identified theft playsa vital role.Theft law benefits identified, the original of this right to say that more and moredo not meet the requirements of the development of a new social situation, more and morescholars tend to choose to occupy said. Possession really more advantages than the right tosay, but we have to understand the contradictory relationship between the rights andpossession of not one or the other, the opposite of the two are closely related. The right toprotection of possession would be meaningless, which is designed to protect the possessionof better protection of this right. After all, we should protect the right purpose, theprotection of possession is only to protect the right means. We also understand thatpossession is not perfect, any kind of doctrine have limitations of their era, possession is noexception. The separation of ownership and use rights for the possession of said generated,however, which continue to be improved and developed, and how to accurately and clearlydefine occupy said, a process that we must face, because the new social development willcontinue to put forward new demands. This paper attempts to learn from Japan theft legalinterest theory on the basis of the sort and contrast a variety of legal interest theory, andattempt to analyze the shortage of possession from a new perspective,in order to help thedevelopment of the theory of china’s criminal law benefits. |