Theft Protection Object Of Study

In recent years, with the rapid development of social economy，theft targets tohigh, means to high technical, high concealment, all bring greater difficulties to solvethe case, but, In order to maintain of the social economic order，the unity of theharmonious society.We must to attaches great importance to the crime，to crack downon. In the process of convictions for theft protection decision plays a decisive role ofinterests, However, theft protection benefit exactly，it is a big problem for hightheoretical discussion. No mather in theoretical circle and judicial practice, thesignificance is significant.For larceny object studies at home and abroad, especially Japan for theft lawresearch more in-depth and thorough. Japan is mainly affected by the environment,the cut-off point of larceny object studies at about second world war, proprietorshiptheoryoccupied important position in Japan before world war ii,t has advantages inthat era. But with the rapid development of Japan after the second world war,Japanesescholars put forward has said，it has considersed ownership and possession at the timetend to be separated，this has leaded to some legal possession,but,no ownershiprights and interests are harmed,.Proprietorship theory range is too narrow. Clearly islegitimate possession of property.But it is not protected because of no ownership, thismakes the property of the social and economic in disorder, therefore, the theoryoccupy has been put forwarded. Some researchers said that property protectionbenefit first to protect the property of the external carrier or possession, people judgeall the first starts from the possession of propert. Possession is the most intuitive formof property ownership. So the property crimes to protect legal interests is possession.But Japanese scholars found that the pure occupy theory or owners to retrieve stolenproperty in the judicial practice could not give a reasonable explanation of behavior,and it is unfair,at the same time it cannot be social understanding by the averageperson. Some scholars put forward the intermediate theory at this moment.In Japanthe intermediate theory is divided into two systems, asystem on the basis of ownership, in Japan’s main representative figure of Ono Ichiro, Mass of rattanChongGuang etc. Another system is based on the possession of modifying theory, Inotani Ceng Gen wei, he represented the theory, Japan about theft protection benefit ofactive criminal law theoretical circle, not judicial practice to provide some guidance.Theft protection in our country like Japan, in the theoretical circle has beencontroversial all theoriesthat protect the legal interest of larceny for citizens propertyownership. It said that to protect the legal interests of larceny for possession, there isa state of facts. Various correction theories, professor Zhang Mingjie as typicalrepresentative. As a model of middle theory, he put forwore that thought the theftprotection of legal interests first, ownership and other rights, the second is therecovery of possession through legal procedures. Throughout our country theftprotection beneficial ownership has been put forward by planned economy as thebackground. In the market economy high speed development, the proprietorshiptheory in the judicial practicecan’t explanation question. It can not adapt to thedevelopment of market economy, and not comprehensive protection of property rights,then the theory occupy has appeared. But it isn’t perfect, with the development ofeconomic society. It also showed some defects in theory and practice, the emergenceof intermediate theory in order to make up for the inadequacy of proprietorship theoryand the occupy theory, this article summarizes the theory of proprietorship theory andthe occupy theory. Using the experience of Japan’s theory of theft protection benefit.Using the combination of theory and practice form the shortcoming of the existingtheories in our country. And put forward reasonable confrontation in the reason theory.It can explain that puzzling question that proprietorship theory and the occupy theorycan not solve.