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Research On The Crime Of Infringement Of Property

Posted on:2018-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:S F YangFull Text:PDF
GTID:2336330512983960Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Violation of property crime is one of the key types of crime,and criminal criminal law researchers have studied the crime type.However,the legal interests of property infringement,domestic and foreign criminal law researchers have not yet reached a consensus,is still in constant research and discussion,the debate on this issue both in the theoretical and practical circles are very intense.Germany,Japan and other civil law countries of the criminal law researchers on the issue of the most in-depth and extensive,mainstream doctrine such as the property of the German law that the economic property that the legal and economic property that Japan's right to say,possession said,the middle said,but still with the economic and social development,the theory is also kept in the update and change.There are also many controversies about the legal interests of criminal law in our country's criminal law circles,which leads to the difference of qualitative and accurate sentencing of property crime in judicial practice.So that the judiciary in the process of conviction and sentencing is not uniform,to a certain extent,affected the justice and authority of the judiciary,so clear the legal offense of property infringement is why it is necessary.The author in the text part of the three aspects of the crime of property infringement to explore the legal interests.The first part of the crime of foreign property infringement of the legal theory of combing,to introduce the relevant theoretical doctrine and evaluation.The second part of the criminal law of China's criminal property infringement of the legal theory of the various doctrines,combined with foreign and China's property crime theory of the study of the law,the article on the crime of property infringement of the views of the crime.The third part through the practice of the problem,to clarify the ownership of property as a crime of infringement of legal interests in China at this stage of rationality.At this stage of our country,the fundamental purpose of property crime is to protect the ownership orderof society,and the protection of property can not violate this fundamental purpose,so it is appropriate to insist on ownership.
Keywords/Search Tags:Crimes against property, rights, ownership, possession
PDF Full Text Request
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