Analyses The Property Crime Especially Focus On The Property Control Relationship

To distinguish between transfers of property crime and not to transfer ownership of property crime, the theory of possession plays a very important role. The study of possession has formed its own system abroad and at the same time it promotes Chinese scholars to control the problem of property relations. But in practice, the definition of this kind of crime has not been settled down. This article will clarify the possession theory based on judicial practice and provide guidance for the administration of justice.As result, this paper is divided into three chapters:The introductory part describes the main questions by the analysis of the relevant cases. The full-text will expand around that question. This is because possession is just an abstract concept.The first chapter discusses the control of criminal law on property relations. At first, the difference between Civil-Law System and Common-Law System are introduced. The theory of possession describes the relations of property control, but the properties of these systems are different. Secondly, by analyzing the difference of possession between criminal law and civil law, the concept of possession in the field of civil law can bring new ideas in understanding that in criminal law. Thirdly, this chapter introduces the controlling of property relations by our country.The second chapter focuses on the relationship of property. In the first place, this paper establishes possession of the criminal law has two parts: the subjective part and the objective part. In the second place, to deal with the issue of who is the property belonged to. This is the key to the paper.The third chapter discusses the impact of the form of crime which is controlled by the relationship of property. Firstly, through analysis of typical cases, a distinction can be made between embezzlement and larceny. Then, explore the form of crimes in different ways of the possession of property.