Research On The Object Of Property Crimes

With the increasing complexity of property relations, it becomes more and more difficult to identify of property crimes. So, there has always been a dispute that whether virtual property, creditor's rights certificate and contraband belong to the property in the sense of criminal law. Therefore, accurate induction of property type, identification of property ownership and demarcation of property values have a great significance of clearing property-embezzling crime.This paper is divided into four parts, with a total of 35,000 words.The first part is identification of crime object and legal interests that protected by criminal law. The basic point is this: crime object is a existence of the specific people or things, that be affected by criminal behaviors that stipulated by specific provisions of criminal law, which can embody the essential relationship with crime object phenomenon. Life interests of infringed or threatened people that protected by criminal law is the legal interest in criminal law. Specific to the property-embezzling crime object and the interests that protected by criminal law, the property is object, and property right is the interest that protected by the criminal law.The second part, clarify the object of property-embezzling crime. First, compare the concept of property in property-embezzling crime and civil law, object(physical things), and intellectual and artistic products and rights with monetary value are all property of Civil Law. "Property" in property-embezzling crime comes from the concept "property" of civil law, and the "property" range of property-embezzling crime is smaller than that of civil law. The general property in property-embezzling crime refers to res corporales, res incorporales and its earnings that occupied by others and the value has come to a certain degree that stipulated by criminal law, including tangible property, intangible property and other interests.The third part, from the dispute of "original possession right theory" and "possession system theory", it supplements that property-embezzling object or "dog-eat-dog" behavior is a hurt of original owner. The person in possession of contraband has no rights in civil law, violations of contraband does not act against the legal interests of property crime, property crime is not established. The behavior that property owners return-stole the property that legally seized by judicial organs cannot be recognized as property crime. If the owner uses illegal means to get back possession of the property of others, and when others enjoy property rights of this possession, then such a possession is legal interests that protected by criminal law, which constitutes property crimes.The fourth part, it specifically discusses the measuring rules and first regular rules of property value. The prices of property in involved cases should base on the market price, and should also consider government pricing and government guidance price. In special rules, if there is no market price of the property, the property can only be priced that base on the scarcity of the property and crime circumstances, and it can refer to insurance prices. Special commemorative property is not object of property crime, whose value should be based on objective judgment. Pets, flowers and other precious belongings, because their prices are easy to make people feel confused, their property price should be identified that based on the principle of consistency in the subjective and objective elements. Loss of property and due party can not provide valid certificate, disposal prices shall prevail if has been disposed. And if there is no disposal price, it shall identify the property price that base on the principle that beneficial to the defendant.