| The object of property crime,"property",has long been controversial in the field of criminal law in China,which is a problem that can not be avoided in the theory of criminal law.The current research about the concept of property is only discussed in the broad sense and the narrow sense,this paper using the broad sense as the theory of research,and based on this,we do research on property crime.As we all know,since China’s reform and opening up thirty years ago,the market economy has gradually developed,the form of ownership also develops towards diversification.With the rapid development of social economy and the rapid increase of social wealth,the types of property types are also increasing.In fact,the increase in these types of property mentioned above has also led to various new types of property crimes,this has also caused a great impact on the object of property crime in the traditionalsense.Therefore,it is necessary to further study and analyze the subject of property crime.The research on property crimes in this paper is roughly divided into four parts,with a total of about 30,000 words.In the first chapter,the author sort out the concept,nature and combing the classification of property crime.By standing the view of broad perspective,the author explains the concept of property in property crimes,and makes a general classification of property,such as physical objects and tangible property,also summed up the characteristics of "economic value","control and control possibility","possession for others" and "legality" as property.In the second chapter,the author did some deeper research on the legal benefits of property crimes.First,the author summarizes the theory of legal interests in the traditional criminal law of Germany and Japan,and reviews the different legal interests of theories,such as property theory and the theory of ownership.In the third chapter,the author also made a certain discussion on China’s current legal benefits of property crimes,analyze and contrast the ownership theory in China’s current theory,possession theory and limited possession theory,etc.,then combined with the author’s own view to choose the theory suitable for China’sjudicial practice.In the last chapter,the author also had deeper research the amount of property,such as "value change property" and "wrong value of property".Although the amount problem is the extension problem of property crime object,but in the practice it also had great influence on the conviction and sentencing procedure in China,so we cannot be ignored the amount problem in property crime. |
