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Expansion Property Crime Infringed The Legal Interests And Its Practice

Posted on:2015-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2416330491453017Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crimes against property is a crime in all countries is the focus of combat,the kind of crime is also the focus of research scholars from various countries.The property crime violations of law what is beneficial,this divergent domestic criminal law,this controversy exists not only in criminal theories,but also in judicial practice.On this issue,the most intense debate is Germany,Japan and other civil law countries.China's criminal law scholars have also have a different theory,but theory has not reached a common understanding on this issue,which gives a qualitative property crime cases in judicial practice,classification and accurate sentencing brought a lot of difficult,will result in a similar under the circumstances make a different verdict,thus affecting the impartiality and authority of criminal law.This article consists of a preamble,body and conclusion of three parts,of which the body is divided into three parts were discussed.In the preface,the main purpose of writing to explain the significance and the basic ideas and logical structure of this article.In the text,the first part of the legal interests of the theory of property crime violations sort of extraterritorial and our property crime violations of legal interest theory are introduced,the Japanese the right to say,possession,saying,that the law of property in Germany,said the economy property that the property law · Economic say;second part of the property crime violations of legal interest to sort out the various doctrines assessment,analysis of theoretical advantages and disadvantages of different theories to arrive this article views on property crime violations of legal interest,namely China's traditional doctrine title says;the third part through the practice of various scenarios unfold,indicating ownership of the said property crime as a violation of legal interests of rationality in this stage.Ownership said it might not be perfect,but in the current context,property crime violations persist beneficial ownership of said Act is appropriate.We must see the establishment of property crime criminal law is to protect the fundamental purpose of the ownership of social order,whether it is right to protection under what circumstances can not be contrary to the fundamental purpose.In conclusion,the text of the preamble and to summarize,but also the conclusion of this article.
Keywords/Search Tags:Crimes against property, Rights, Ownership, Possession, Practice
PDF Full Text Request
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