Research On The Legal Interest Of Crime Against Property In The Perspective Of Criminal And Civil Relations

The relationship between criminal law and civil law has always been a theoretical basis for the determination of the legal interests of property crime.Whether it is the legal property in Germany said,economic property and legal economic property,or the Japanese right,possession,said,is to study whether the criminal law belongs to the civil law as the logical starting point of the.Civil law is the establishment of property rights system,the criminal law as the protection law,should be based on the property rights system of civil law,and then explore the content of property crime law benefits.Legal property rights and the right to say that the criminal law is located in the civil law of the subordinate status,that the law of property rights should be identified in the civil law,not including the possession of other economic interests.Economic property and possession,said the independence of the criminal law,the crime of property rights of the criminal law should not be considered as a reference to the property rights of the civil law,as long as the economic interests of the property law benefits.Behind the two theories,namely extreme understanding of civil law and criminal law relations,criminal law belongs to civil law or criminal law independent from civil law,if both of them for the protection of property crime criminal law comprehensively.Accordingly,the relationship between civil law and criminal law perspective,on the basis of clarifying the relationship between criminal law and civil law,and combined with the basic principles of criminal law itself,must rely on the civil law basic property system of property crime criminal law interests as a precondition.In addition,according to our country's legislation on the legislative mode of property crime is also established in quantitative and qualitative property of the legal interest of the crime,the "possession" of the right to limit the scope,at the same time,based on the qualitative and quantitative detection of the further right and possession,the property of the legal interest of the crime without losing content the normative.This paper is divided into four parts:The first part is about the legal interest of property crime and its judicial practice.The second part is the theoretical basis of this thesis.By analyzing the relationship between criminal law and civil law,the significance of the study on the legal interest of property crime in the perspective of the relationship between civil law and criminal law is expounded.Civil law is the basic construction of the property system,property system in violation of the criminal law as the situation described,research on property crime criminal law interests,must be based on the civil law property system as the premise,which is not only the inevitable relationship between criminal law and civil law,criminal law is also reflected its principle.Creditor's rights and property rights is the basic structure of the property law,re combination of both credit and right elements will have absolute right and relative right,the absolute right of claim and the right of claim four relative right type.The division of the types of creditor's rights and property rights is of great significance for the comprehensive realization of the criminal law.As a result,the content of the crime of property crime in the criminal law is not a simple ownership,possession,or a combination of the right and possession,which can solve the problem.The third and fourth part according to our country's legislation is both "qualitatively and quantitatively" mode of legislation,from the viewpoints of both qualitative and quantitative analysis of the content of the property law,to avoid the property law benefit of criminal law to determine the logical contradiction.The transfer in the type of a property crime,if act of rights violations,but not dominate in the form of damage,the right of the transfer does not belong to the type of a property crime law benefits.The transfer of type of a crime and destroys property crimes,because has nothing to do with "possession" at the mercy of the relationship,so the content of legal interest is the right of this,this right of property crime is a behavior.Whether the possession of the infringement,constitutes property crime,occupies above is standard content need to be further observation.If the possession of only needs to maintain order,to ban private road to force,even if the possession of itself has a certain property interest,also may not be used as property law benefit of criminal law.