Research On Property Interests In Criminal Law

In my country’s criminal law,there is no clear provision for property interests,which directly leads to some disputes,such as: whether property interests belong to property? What is the scope of property interests? Should property interests be protected? What is the scope of protection by criminal law? Regarding these issues,whether it is judicial practice or theoretical research,there are different understandings and constant disputes.Both the theoretical and practical circles have focused their attention on the definition and interpretation of the property interests themselves,but there is little mention of the behavioral structure that violates the property interests.The first part of this article is an overview of property interests.The concept of property interests itself is an "exotic product." Its generation is closely related to the criminal law’s insufficient protection of creditor’s rights.Therefore,property interests are protected by criminal law in both theory and reality.necessity.According to its basic characteristics,it is clear that property interest refers to the right to enjoy a certain interest,and its essence is a right or qualification,which makes it distinct from other intangible properties.The second part of this article is the status quo of the protection of property interests.It analyzes the problems of the protection of property interests by combing the status quo of legislation,judicial status and existing major theoretical disputes.The third part of this article is to argue that property interests should be the object of property crimes,point out the obvious loopholes in the interpretation of property interests as property,and propose the distinction between property interests and property,both of which belong to property crimes.The point of view of the protected object.The fourth chapter is the reconstruction of the behavior structure involving property interests.Through the previous article,the difference between property interests and property is discussed.On this basis,the behavior structure of infringement of property interests should also be different from the behavior structure of property infringement.That is to say,the behavioral structure mode with possession as the core in the traditional property crime is not suitable for property interests,and a brand-new behavior mode with normative control as the core is proposed.And combined with specific crime interpretation analysis.