Study On Legal Interest Of Property Crime

Property crimes are high-volume crimes in social life, thus the study on legal interest of property crime is of significance. The concept of legal interest of property crime is one of the important concepts in criminal law which is closely related to other concepts. A thorough analysis on the concept of legal interest of property crime will enable us to determine the nature of property crime and to establish the property crime system so as to protect personal legal rights of property. However, there exist a lot of disputes on the determination of legal interest of property crime in the criminal law field. It is important and urgent to determine the legal interest of property crime and resolve the related problems.In order to better understand the concept of legal interest of property crime, the thesis firstly introduces the history of legal interest of property crime. Due to the scarcity of resources and simple social relations in the ancient society, the legal interest of property crime is only a very simple legal concept at that time. With the social economy developed, the development of legal interest of property crime became complex and expanded. Under that circumstance, the researches on legal interest of property crime are various. So in order to establish a sound legal interest system of property crime, we should make clear of the relations between legal interest of property crime and other concepts in criminal law and recognize the important position that legal interest of property crime take in the theory of criminal law interpretation.The theory study of legal interest of property crime in Japan and Germany take a leading role in the world. Learning from their theories and experience should be the basis of this thesis. Japanese theories focus on the rights and interests behind the property while German attach great importance to the nature of the property. They are two different ways to this problem. The representatives of Japanese theories are ownership theory, possession theory and neutral theory. The representatives of German theories are legal property theory, economic property theory and legal economic property theory. A good study of these theories will enable us to identify the essence of legal interest of property crime.The thesis agrees with the possession theory because through analysis and comparison the ownership theory has difficulties to apply in judicial practices due to incapability of dealing with illegal and prohibited property. The practices approve the availability of ownership theory revising by possession theory. There is still something we should make clear about the problems related to possession including the distinguishes of possession between criminal law and civil law and the definition of possession in criminal law. The thesis gives us the analysis to these problems.However, the encouraging of the possession theory does not imply that legal interest of property crime is confirmed. There exists difficulties in the definition of possession of some certain special property in judicial practices. Besides, the possession theory targets on the tangible property but not intangible property. Therefore, on the basis of explanation of the possession theory the thesis analyzes the different outstanding recognitions of special possession respectively so as to provide idea for other recognitions of special property. It also analyzes the evaluation of the economic interest of property and whether the real estate should be the object of property crime. Last the thesis focuses on the discussion of creditor’s rights in the perspective of legal interest of property crime and protection of property crime in complete creditor’s rights and incomplete creditor’s rights with reference to German theory. Thus it will make up for the shortage of possession theory in explanation and provide proper reason for the protection of legal interest of property crime and set up the standards for recognition of economic damage.