Study On Exceptions Regarding Property Crimes That In Relation To Disposition Of Other’s Belongings

Crime against property crime generally refers to the property of others. Thisarticle explores the exception of the property of others with special cases in practicefrom three angles of own property, common property and abandoned property. Thepurpose of illegal possession, the identification of the amount of crime, the ownershipof the discards are the key points in the process of recognition of the three categoriesof crime.For the own property, it entirely can be a crime against property crime. I agreewith the view supported by the Chinese scholars that property crime law interestsinclude ownership, lawful possession even including illegal possession, but in thecase of illegal possession, the person in possession shall not be against the exercise ofownership restore ownership. At the same time, illegal possession of purpose is thekey to determine whether the perpetrator is a crime. The purpose of illegal possessionis the subjective intent that the behavior make themselves like the owner or person inpossession of the substance to control the object and exclude the owner or person inpossession to control the property. The identification of purpose of illegal possessionis a comprehensive objective process, including behavior, motivations, behaviormeans and possession time etc. If all for the purpose of illegal possession, ownerimplement the illegal means to obtain the property and cause the material losses to thethird person, the owner is the crime. If not for the purpose of illegal possession，owner’s behavior doesn’t cause the material losses to the third person, the owner isnot the crime.For the common property, the matter of common property will not be impact onthe nature of the behavior. If the behavior of the perpetrator vicious has reached the degree of serious harm to society, the behavior should be judged following theprinciple of determining the nature of the behavior with subjective and objectiveconsistent view. If the behavior of the perpetrator vicious has not reached the degreeof serious harm to society, the behavior is not regarded as a crime but only a civildispute. On the other hand, the matter of common property have great influence onthe amount of crime identified. The author finds that the amount of crime should bededucted its own part of the perpetrator, but if the other joint owners needed due tothe behavior of the perpetrator liable for compensation, the behavior’s own part of thepeople should also be counted towards the amount of crime.For the abandoned property, according to the civil law theoretically, if people dothe discard behavior, the material is attributed to the ownerless, any other third partycan be preemptive behavior and become the new material of all. Accordingly, theabandoned property generally is not the target of a crime. However, the author via theabove case study found that not all the abandoned property is the ownerless property.Abandoned behavior occurs in a relatively closed, private environment; and themanager of the premises have the aware of and the consciousness of possession, thecontrol person is presumed in law of the discards the new owners.