Research On The Property Interests As The Object Of Theft Crime

With the increasing development of social economy,the economic relationship between market subjects is becoming more and more complex,and the infringement on property interests is growing.The civil law alone cannot effectively protect the property interests of the citizens.Criminal law,the last guarantee method,needs to be used for protection.According to the relevant provisions of the criminal law in China,property interests have been incorporated into the scope of property,but the theoretical circle still argues about whether the property interests can be considered as the object of theft crime.Because there is no accurate provision on the scope of the crime object,a lot of problems are often caused in the process of criminal justice,which is not good for conviction and sentencing of the case,effective fighting of crimes or the protection of the citizens' property rights and interests.So it is necessary to examine considering interests of property as the object of theft crime,in order to define the scope of the object of object of theft crimeand related problems of conviction and sentencing.Except the introduction,the full test is divided into four parts.The first part gives an overview about the basic issue of interests of property.First through summarization and analysis of relevant provisions on the property interests inside and outside the area,the essential connotation of property interests is defined.Property interests are actually the creditor-debtor relationship related to property changes.Based on this definition,this paper introduces the basic types of property interests,including legal and illegal property interests,and positive and negative property interests,and summarizes two get ways to obtain property interests.The first way is to remove creditor's rights,and the second way is to increase debt.Property interests are compared with two similar concepts,and its difference with intangible property and res incorporales is defined.The discussion about these basic issues is the basis for the study on considering property interests as the object of theft crime.The second part explores the reason that the property interests should become the object of theft crime.With the vigorous development of market economy,the property concept becomes increasingly rich.As a new kind of property performance form,in order to better protect citizens' property interests,property interests are included in the object of theft crime.It is the inevitable result of social development.Based on the relevant provisions of the criminal law,property interests have substantially become the object of property crime.Identifying it as the object of object of theft crime is not only the inevitable choice for the realization of the internally harmonious and unified criminal law system,but also the practical consideration result guaranteeing the substantially fair and reasonable criminal justice.The third part analyses the qualitative problem of considering property interests as object of theft crime.There are mainly the following common theft behaviors of property interests.The qualitative analysis was made on each of them.The theft of negotiable securities,negotiable certificates and other creditor's right certificates which can generate realistic and specific impairment of benefit can be regarded as the object of theft crime,such as negotiable bearer securities.The theft behavior of IOU cannot be identified as the theft crime,because IOU can't satisfy the basic characteristics of the object of theft crime.According to different situations it can constitute crime of embezzlement and crime of fraud.Labor service is different from property in the traditional sense,but because it is closely combined with money for consideration and can be managed,the behavior of labor service theft shall be identified as theft of property interests.Based on its objective economic value,freely trading and other features,network virtual property also belong to property interests.Because the use of these special properties will cause substantial damaged to the property interests,the theft of other people's cars,houses and other properties may also constitute theft crime.Based on the particularity of the property interests and qualitative analysis of several kinds of theft of property interests,the fourth part demonstrates the sentencing consideration of the theft of property interests.First,it is specified that the sentencing of property interests and other objects of crime shall be different.Second,take several behaviors identified as theft crime in the third part as examples.How to determine the amount of sentencing for theft of property interests is mainly analyzed and discussed about.After the crime amount of property interests stolen is accurately identified,the accuracy of conviction and sentencing can be ensured,crimes can be fought more practically,and citizens' property rights and interests can be protected.