The Research On Object Of Property Crime

The object of property crime is a disputed question in a long period Among native criminal theoretical fields. There are broad sense and narrow sense about the property crime. In this thesis, the author discuss the narrow sense about the object of property crime, which enacted by the Chinese Criminal Code of the fifth chapter. As we know, the object of property crime enacted by Criminal Code is the public property and private property. But with the rapid development of economy and society, different ownerships fundaments varying, some new property come into being, the understanding of ’property’ is no longer confined the traditional concept of property such as houses, cars, cash, etc. Property relations become more and more diverse, complex. The traditional theory of criminal law has been unable to adapt to the needs of real life, so the cognizance for the object of property crime need more perfecting.The thesis is composed of three parts with 25000 words approximately.In the first part of the thesis, the author described the purpose of research property crime, analyzed the relationship between the property and belongings, summed up the definition and characteristic of property by discussed several theories of property. Property, as the object of property crime, should be definite economic value and could be effectively controlled, which is composed of physical things, none physical things and rights. Property should have the following characteristics:1. with economic value; 2. with the possibility of physical management; 3. all belonging to others or possession; 4, has a relatively statutory. Binding legislative style property interests at home and abroad, the author concluded that’property interests’ should bring into the object of property crime.In the second part of the thesis, demonstration mainly around some common, controversial, the new object is expanded. Discussion about whether virtual property, real estate, human tissues and organs and contraband are property, as well as how to define property interests and what property interest may be the object of property crime. In order to promote fair trading and transaction security of market, virtual property has become property crime for its property and negotiability. For real estate, the author combined theory and related legislative style at home and abroad, focused on the controversial judicial practice of robbery, theft, whether its objects which object including real estate. For human tissues and organs, author believe that in the field of organ transplantation, and the separation of human organs, the deceased’s body and their non-living organ can be the object of property crime. The author affirmed the contraband belonging to object of property crime, mainly through domestic legislation, analyzed the provisions of some public administration and contraband property itself. The property interests should be analyzed by specific issues. Firstly, elaborated the necessity to incorporate the scope of protection of criminal law; secondly, followed by several typical property interest debt, securities, service-depth analysis to explore, and ultimately finds the several property interests may be under certain conditions become the object of property crime, while the restitution of property identified in advance or delay the performance of debt and other properties do not belong to property crime.In the third part, the author discussed the amount of crime around the property. First, the amount of crime demonstrates the important role of objects for property crime conviction and sentencing of play. Second, followed by the value of the property on virtual separately identified, changes in the value of the amount determined and accomplished, attempted to start a competing amount determined under the full demonstration.