| In comparison with our theory of object of crime the Legal Interest, as the concept ofthe mainland criminal law system is more rational. Constructing a proper definition of theLegal Interest of Property Crime makes it possible to punish the property-related crimes withina reasonable range, and to solve problems about property-related crimes of law practice in therealistic life, which also, provides fair and reasonable assessments to different behaviors. Themajor doctrines of our country include the theory about ownership、 the theory aboutpossession、and the theory about neutrality. The legal interest of property crime has gotrelatively complete and embedded research at abroad. Criminal law scholars in Japan, advancethe theory of the legal interest of property crime as “origin right”、“possession” andother neutrality theories. In Germany, criminal law scholars discuss the legal interest ofproperty around legal property, economic property and legal-economic property.Science the theory about possession expanding the punishment of criminals ranges in animproper way, and the ownership and the origin right theory narrowed the ranges ofpunishment, in this article it is approved about the revisionary theory of possession system. Inthis article, it is believed that in principle, possession is the legal interest of property crime, butrelative to the recaption of the owner or other origin right owner, this possession is not the legalinterest of property crime. The revisionary theory about possession system can be explained asa result in the Chinese criminal theoretical system which is also meet the standards of ourcriminal law. The legal precedent, which graded by People’s Supreme Court, showing the sametendency with the revisionary theory about possession system in the law practice, while theyhave different opinions about the purposes of illegal possession which cannot be accepted bythe theory of revisionary theory about possession system. |
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