Research On Criminal Law Protection Of Real Estate

In recent years,the number of cases of malicious infringement of real estate in China has increased significantly.The typical cases such as "Gong sold his father's house without permission","Someone's house is seized forcibly in Shanghai" and " A dispossession in Henan " not only seriously violate the property rights of public and private real estate,also threaten to social harmony and stability.With the increasing of malevolently aggressive behaviors towards real estate,providing real estate owners with responsible and effective protection has evolved into an important social problem which is related to the peace and security of the daily life.As an important and special tangible property,real estate,while being effectively protected by civil and administrative laws,should also become the object of criminal law protection.Therefore,criminal law actively intervenes in the protection of real estate,after all,is a response towards social needs.Clarifying the type of infringement of real estate is a prerequisite for studying and improving the protection of real estate by the criminal law.In judicial practice,maliciously aggressive behaviors towards real estate which possesses criminal illegality include dispossession,long-term and stealing use,unlawful dispose and so on.The social harmfulness of various malicious infringements on real estate is comparable to criminal acts against movable property.However,due to the long-term lack of criminal legislation on real property crimes in China,judicial personnel are often in a passive position in the process of dealing with real property infringement.Judicial chaos with different verdicts in the same case prevails.Today,using criminal law to protect real estate strictly has basically reached consensus in the field of criminal law.Although different countries and regions have differences in the specific content of criminal law protection methods,the ultimate goal is to severely crack down and contain malicious violation of real property.It can be seen that intervention in real estate protection has become an inevitable purpose of criminal law.Compared with other countries' comprehensive protection of real estate,there are still many deficiencies in this aspect in China,and the criminal law protection of real estate needs to be further developed and improved.In this paper,we chose maliciously aggressive behaviors towards real estate as the object of research,took behavioral characteristics of specific property crime as the standard.By discussing the applicability of specific property crimes and non-property crimes against infringement of real property,the status of protection of real property in China's criminal law is analyzed.At the same time,sum up some of the crimes that can be applied to malicious violations of real property.However,there are still some acts of malicious infringement of real estate that cannot be defined in the criminal law.At present,both in the field of criminal legislation and criminal justice,there are obvious shortcomings in the protection of real estate.Legislation is the premise of the judiciary,and the key to improving the protection of real estate by criminal law lies in improving the protection of real estate in the field of criminal law legislation.Only with strict and reasonable laws can we really deal with the new issue of real estate criminal law protection at this stage.