The Conflict And Choice Of The Legal Benefit Protection Of Property Crime

In the criminal law of China,there are three different theories about the legal interest protection of property crimes,namely,ownership theory,possession right and middle theory,and the main mainstream is the "ownership theory".With the diversification of the form of ownership in the market economy,the conflict due to the separation between property ownership and possession is increasing,and ownership theory cannot effectively solve the practical problems in judicial practice.This paper begins with the real cases of robbing leasehold vehicles in the current judicial practice,and analyzes the controversial problem that the actor illegally obtains his own property legally possessed by others,interprets the criminal judicial choice with the conflict of ownership and possession,and puts forward a reasonable and effective solution path.This paper is divided into four parts.The main contents are as follows:The first part mainly introduces the situation of case handling caused by the conflict of ownership and possession in the judicial practice in Xinyang,Henan,and provides objective material for the controversial problems of the theory of the criminal law in this paper by using the macro empirical analysis method.The samples of 99 cases were analyzed and summarized from four aspects,namely,the case survey,the personnel involved in the case,the mode of behavior and the results of judicial treatment,in order to extract common characteristics or typed rules.The second part summarizes and analyzes the dispute problems of dealing with involved cases in the judicial practice in Xinyang,Henan,and highlights the urgency and necessity of the protection of the legal interest of property crimes.The controversial issue in judicial practice is whether it constitutes a crime that the owner takes vehicles which are legally possessed by renters with illegal means,including robbery and theft.The controversial issues include four aspects,such as the contradiction between criminal judicial intervention and the principle of criminal law modesty,whether conviction and sentencing based on property tort accords with the principal of suiting punishment to crime,whether the actor has the "illegal possession objective",which is necessary in acquired property crimes,as well as whether the owner of the vehicle and the collector constitute the joint crime.The third part mainly analyzes the reasons of related controversial issues proposed in the second part and there are three main reasons.First,the three different doctrines of legal interest protection of property crimes affect the handling of cases.Second,the change of the justification for different Supreme Court's guidance cases,and the different interpretations of judicial offices in different regions to the Supreme Court's guidance cases have an important influence on the judicial practice.Third,judicial officers'different understanding of relevant articles and judicial interpretations has a significant impact on the handling of property crimes.Through the analysis of the above reasons,we hope to find an effective way to deal with such crimes.The fourth part mainly expounds the solution to the dispute of property crime cases,advocates the "middle theory",and defines its standards clearly,then directs the criminal judicial practice,and shortens the gap between the theory of criminal law and the judicial practice.At the same time,considering the characteristics of the property crime cases with legal interest conflict,this paper puts forward the comprehensive governing measures that adapts to diversified laws,and explores the effective solution path from two angles inside and outside the criminal law.