The Property Loss In The Property Crime

Property is an eternal topic in social development,and its degree of importance can be imagined.The loss of property is related to the fate of sin and non-sin.It is also related to the problem of not committing crime.There are many legislative provisions on property crime in our country,but there are also many theoretical interpretations.The recognition of "property losses" in judicial practice and the inconsistent application also pose challenges to us.How should the definition of "property" in property losses be considered? In simple terms,what is "property" ? Do illegal objects such as drugs and gambling money,gambling capital,and other assets that can give up illegal objects and stolen property become “property” in the sense of criminal law? How should the definition of "loss" in property losses be defined,and if an actor only wishes to possess the right to use a certain property within a certain period of time and return it after the expiration of the term,is there any loss? What is the value of property loss for property crime? Does property damage have a substantial or formal impact on the conviction and punishment of property crimes? What kind of judgment criteria should be adopted for property damage,and the overall assets of the victim should not be reduced,but if there is a loss of a specific property,is there any property damage in the sense of criminal law? This article focuses on the above issues and divides the article into the following sections:The first part of the article mainly discusses the concept of "property" in property loss,mainly through the doctrines of Japan and Germany.The theory of Japanese doctrine is mainly based on the "truth of rights","occupation theory" and "intermediacy theory".The doctrines of Germany are mainly "theory of the property of the law","the theory of economic property" and "theory of economic property of the law." The property of the law says that property is the synthesis of property rights.The economic property said that property should be objects or interests of economic value.The economic property of the law says that property is a property or interest that has economic value,but the corresponding Things or interests must be legal,this article uses the economic property of the German law.The second part of the article mainly deals with the connotation of "loss" in property losses.It draws lessons from the existence of German objects,the theory of the value of things,and the theory of the existence of things,saying that the object that an actor has illegally possessed should be the property.In itself,the value of the property is said to be the value behind the property when it considers the object of the property crime.It is said that regardless of the possession of the property or the value behind the property,the establishment of property crime is inevitable.This article believes that the comprehensive statement is more desirable..The third part of the article mainly discusses the value of property damage to property crimes.Property damage should be an indispensable link in property crimes.Property crimes are called property crimes not only because the object of the crime is property,but also because the property that was the subject of the crime suffered losses.The doctrines concerning the status of property losses in the conviction,that is,the establishment of a crime,mainly include "objective over-essentials," "objective punishment conditions," and "crimes of illegality." In view of existing doctrines and practices,the It is more appropriate to determine the loss as a condition for the establishment of a crime.Without property damage,property crimes will not be established.If property losses do not meet established requirements,crimes will not be committed.The increase of property damage can be upgraded to legal punishment,and property damage can determine crime and non-crime,but property loss should no longer be actively promoted at the sentencing stage of judges.Passive compensation for property loss is not a reason for the lighter penalty.The lack of compensation for property losses is not the reason for the heavy penalty.The fourth part of the article mainly discusses which of the criteria for the determination of property loss should prevail.The criteria for judging property loss include individual property and overall property.According to individual property,as long as a specific property suffers losses,even if the victim obtains value-related benefits in other respects,it can still be considered as property loss,and the property as a whole It is considered that in the above situation,the victim does not have any property loss.This article uses the overall property.