Research On The Theft Of Property Interests

Nowadays,accompanied by the development of the efficient and diversified transaction methods,the objects and ways of theft become more invisible.As a result,the current interpretation and application of the crime of theft can not meet the need to deal with the emerging methods of theft.However,it should be recognaized that whether property interests are regarded to the objects of the crime of theft is unsure.Therefore,in judicial practice,there are many different judgements in one case.With the reference of research at home and abroad,this paper puts forward suggestions towards several usual and controversial cases in order to punish crimes and protect properties.This paper consists of four parts.By applying a judicial practice case,the first leads to property interests as the topic of this paper and summarizes controversial issues of the case,The secend mainly covers the concept,features and infringement acts of property interests.Different from "property" which has narrow meaning,property interests are essentially property rights to persons.Based on the perspectives of legal interpretation and protection of legal interests,the third part analyzies that"property" covers property interests and property interests' possession can be transferred.Moreover,this part analyzies the necessity of incorporating property interests into the objects of the crime of theft from the aspect of protection of legal interests,and draws conclusion that objects of the crime of theft covers property interests.By citing relevant cases from networks of Chinese Judgment Document and Non-litigation Judgment Document,the last part types some usual situations which may be refer to the theft of property interests.In addition,this part gives suggestions to solve these difficulties by dialectically thinking the current representative views,in order to combine theory and practice.