Fundamental Problems Concerning Property Crimes Related Property Interests

With the rapid development of the network,"securitization" of capital flow patterns,the interests of material,the rights of property and the change of the concept of property not only expands the connotation of property,but also reform the object and means of criminal acts of property crimes.The property interests in the property crimes are also the focus and the difficulty of discussion in the academic circles in recent years.At present,the related research on the property interests in the property crimes has not yet gone deep into the key points.The research on the specific definition of property interests,the summary of the types of property infringement and the basic structure of related property crimes are not deep enough.Therefore,the author studies the definition of property interests,the manifestation of property interests,the position in the criminal law,basic problems on the crime involving property interests.Due to the particularity of the property interests,the author tries to study the above four basic problems with the unique perspective of criminal law and the basic theory of civil law.Specifically,this article is divided into four chapters.The first chapter mainly discusses the concept and essence of the property interests.The property interests refer to the abstract concept of which the economic value is the core,the property right is the main form,the value entity is not available and can be quantified and calculated.As to specific characteristics,the property interests are controllable,non-substantive,economic value and so on.Propertyinterests come from legal relationships or legal provisions,and at the same time represent as rights.The property interests in the property crimes are different from the property interests in the crime of embezzlement and bribery.The scope of the property is restricted by the basic spirit of the property crimes and the elements of the property crimes.In the comparison between the property interests and the virtual property and the invisible object,combining the related concepts in the civil law and the criminal law,the basic characteristics and scope of the property interests are clarified.The second chapter mainly analyzes the main manifestations of property interests and their position in criminal law.Rights are the main manifestations of property interests,including property rights such as claims and equities.Right certificate is not a property interest,but a carrier of property interests.Only when the voucher of evidence is the only proof of the property interests(that is,the carrier is combined with the property interest and the loss of the carrier means that the property interest cannot be realized),infringement of the carrier is a violation of property interests.Labor is not a property interest in the property crimes,but a prerequisite and basis for generating property interests.Labor price is a property interest.Property interests in the criminal law position is mainly about that the property interest can become the object of criminal acts of aggression and property interests belong to the property materials in the property crimes.Property interests as the object of criminal acts of aggression is an important time choice to conform to the economic development and social changes,and also meets the current need of judicial practice.On the premise of upholding the statutory principle of crime and punishment,it is reasonable to interpret the property interests as property.On the one hand,property interest is a kind of manifestation of property materials,and the two are inherently consistent.On the other hand,explaining the property interests as property does not exceed the possibility of national prediction,but more in line with the expectations of the people.The third chapter probes into the basic problems concerning the property crimes related property interests from the basic structure and the basic types of them.The basic structure of property crimes related property interests is that the perpetratorinfringes upon the interests of others and illegally gains benefits and damages others.In the explanation of the specific requirements,the crime involving property interests should be basically homogeneity with property material crimes.The property crimes related property interests is no longer applicable to possession as the core component types,but control as the core.There are two types of infringement related to property crimes related property interests: one is the illegal transfer of interests;the other is illegal infringement of interests,which makes it almost impossible to achieve.The types of violations of the illegal transfer of property interests do not need to specifically determine the extent of the infringement,and can be directly related to property crimes identified.However,the types of violations infringing upon interests by illegal means need to define the standard of concrete infringement so as to limit the scope of the expansion of property crimes related property interests and to maintain the coordination between criminal law and civil law.In the judgment of the degree of aggression,this paper adopts the theory of compromise.Achieving the property interests must be real and specific.Reality means that the acquisition of benefits enables the perpetrator to obtain the economic value in an unobstructed and unhindered manner,independently and without any need for anybody.Specific refers to the interests of the perpetrator is a specific economic value.In the case of damage to others,the judgment of loss needs to be substantively investigated.Except for the fact that the right cannot be realized,when the delay in the realization of the right enables the actor to acquire the actual interests substantially equal to the degree of debt relief,the victim should be found to be damaged.Recoverable temporary loss of interest does not fall into the category of loss to others.Victims of the loss of interests and interests of the actor should have the same time and material identity.The basic types of property crimes related property interests can be divided into evasion(exemption,transfer)of debt-type and acquisition of right-type.The two manifestations are different,but their essences are the same,all of which are that the perpetrator gains the property interests through illegal means and causes the victim to suffer loss.In specific judgments,should adhere to the point of view that criminal law focus on behavior,civil law focus on relationships.The fourth chapter preliminarily explores the property interests and the specific property crimes.This chapter is about the concrete problems of the basic problems concerning property crimes,starting with the three basic behaviors of robbery,theft and fraud,and discussing the peculiarities of the specific crime of encroaching upon the property interests and the related controversial issues.