Research On "Property" In Property Crime | Posted on:2019-12-01 | Degree:Master | Type:Thesis | Country:China | Candidate:O M Li | Full Text:PDF | GTID:2416330569478965 | Subject:Criminal Law | Abstract/Summary: | PDF Full Text Request | Property has economic value,it is something owned by others and it includes property interests.There is no clear distinction between property and belongings in the law,It aims to explain the basic characteristics of property,I derived a summary analysis of these characteristics that the property,as the subject of property crime,must be able to circulate in the economic society and have value;The property leads to special properties that evolve in social life.For example,property interests,intangible property and so on.Do they belong to property,what are the necessary conditions for becoming a property,how theoretical basis,whose are all extended discussions based on property.Common goods can be categorized by movable and real assets,physical and intangible objects,and intangible objects.They define the property from the objective external form and during the process of classification,it was found that some property cannot be assigned to any of the categories.Such property is not only independent of objective property but also distinguishable from movable property under the leadership of science and technology.Subsequent specific analysis was made on the specific types of goods derived from this.The first is the identification of contraband products.The main theoretical basis for prohibited goods as a property is that it has the basic characteristics of property and is widely found in all walks of life;The entry of contraband into imprisonment is an inevitable requirement for the maintenance of the legal order,and it is the protection of the possessor and the correction of the offender;At the same time,in the study of contraband products,the expanded interpretation and the natural interpretation of the basic interpretation principles of criminal law have been fully utilized.Also used in this explanation are property interests and virtual property.As a property,property interest is an inevitable requirement to punish crimes and protect human rights.It is a new property that meets China’s social development trends after comprehensive interpretation of relevant legislation in various countries.Under the premise ofhaving the basic attributes of property,the virtual property conforms to the principle of modesty of criminal law and simultaneously has the objective basis of legal protection.The value of property is determined by the circumstances of the crime and the amount of the crime.Through research and statistics of the crimes involved in the crime of property crimes and the amount of crimes involved in relevant judicial interpretations,it can be found that crimes of infringement within the scope of crimes are convicted and sentencing in accordance with the law;If it exceeds the basic scope of the crime or has not yet reached the scope,it shall be convicted and sentenced according to the provisions of the criminal law in property crimes;As for the amount of crime,the value of property is mainly based on the amount of crime,taking into account the combination of other important factors such as social harm,the impact of the amount of property on the individual,the economic conditions in each region,and the infringement of the state’s economy and relief property.In summary,on the basis of accurate identification of property value,the impact of property value on the amount has an important role in conviction and sentencing;The value of the standard recognition method means legal benefits and per capita disposable income;And the rules for the determination of the amount are also specified under the classification of the destructive property and the possessed property. | Keywords/Search Tags: | Property, Contraband, Property interests, Virtual property, Property value, Amount of property, Identification rule | PDF Full Text Request | Related items |
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