Research On Property Interests In Property Crimes

Property interests is a specific concept in criminal law. Since it was introduced from Japanese criminal law, discussions and studies on the concept have been carried out, however, many questions have been left to resolve. Based on the study achievements on property interests in theory and practice, the author combs those opinions and tries to come up with his own idea. The thesis focuses on the definition of property interests, the objects of property interests and specific patterns of property interests in reality.Chapter one is the introduction of property interests. The concept of property interests which was introduced from foreign countries has much significance to Chinese criminal law. Meanwhile, the author introduces characteristics of property interests: measurement in pecuniary unit, possibility of management and possibility of transference. Lastly, the author makes comparisons of propertyinterest with the similar concepts-- intangible property and res incorporales.Chapter two discusses that property interests is qualified to be the object of property crimes and identifies nature of property interest. Besides, civil law scholars consider that the nature of property interests is the objective manifestation of pecuniary credit rights and therefore it has the elements of the property rights object. Based on interpretive theory, since property interests can be constructed as “property” and has possibility of management and transference, it is regarded as the object of property crimes. In the last part of the chapter, through summarizing provisions in criminal law and judicial constructions, the author proves that property interests have already been provided in the pattern of legislation and judicature. Consequently property interests have been the object of property crimes.Chapter three introduces specific patterns of property in reality: receipt for a loan, credit rights in labor service and certificate of credit presented by deposit book.