Interpretation Of The Property In The Criminal Law

The concept and scope of property have always been a controversial issue.Wealth is the basic concept of criminal law, as a kind of very important criminalobject, the definition of property related to determination of crime and the useof punishment. Crimes against property and bribery are old crime, ourcriminal law has always been to infringe upon the property crime object isproperty, bribes to achieve power with property intermediary trade. In thecriminal law defined property can help us recognize the nature of the crime,criminal law what protect social judgment and its damage to the nature of therelationship.This paper were the following several parts:The first part explain the definition of property in the criminal law meaning.The second part of the definition of property law introduced the history, thissection of the concept, content of civil law content such as the scope of basis,and strive to comb through Chinese and foreign legal system to the provisionsof the cycle of goods, to clarify the concept of property for below, properties,characteristics of a matting role. The Roman law that that is the wealth thattimes, very broad, including specific things, no body deity thing, right, evenincluding personal (slaves). At the same time, the Roman law, and the deity ofthe classification of things without body to later generations has far-reachinginfluence. The modern western countries of the property of deity in dispute,such as the invisible power to natural force have different attitude. But with thepower of the multiple theft behavior, countries began to admit that power canbe property crime crime object.The third part of the detailed analysis of the property of the concept,characteristics, nature, and also introduces the property is limited to thingsdeity, whether must have economic value, and other controversial issues. Thecriminal law in the sense of property is the meaning of physics first thing, isobjective existence, the idea that are not dampen the goods. Things had longbeen a deity in criminal law property, have no controversy. Under theframework of legality, no body thing to become the property of the criminal,there must be a provision of the criminal law explicitly. The property thatinclude: to that principle for goods deity, with no body thing exception; Goodsmust have economic value; Property has exclusive can control; Property haslimited life. About the nature of the goods has three main theories, legal valuesaid, economic value said, compromise said. In this paper, the theory of thethree kinds of quality to give a detailed analysis, and proposed own view: thefirst is the wealth of criminal law belongs to have legal rights of things, secondin criminal law of protection in fact possession, but illegal possession can’t fightlawful rights.This paper in the fourth part of the detailed analysis of the property type.According to whether can move the goods into movable property and real estate, and claims that real estate can be the spoil of the criminal law. According to the property of the existence of the real property classification form of property and the virtual property. The virtual property natural attributes, though other interests, but can be explained for the criminal law of the goods. According to the property of the legal nature, will spoil divided into legal property and contraband. The argument can be made on the criminal law of contraband goods. At last, analyzed the human organs can be special property.This article is the fifth part about criminal law’s other interests. Define the property concept of interests, this paper introduces the way to get other interests, the type of other interests. Demonstrates the other interests can be interpreted as property, in criminal law is not all other interests can be interpreted as property, only has the exchange value and can be transferred property interests of the management can be interpreted as property. Finally, this paper in language section will more than of intangible interests and sexual services out of the range of goods, and analyzed the reason.