Property In Committing A Crime In Terms Of Infringing Upon Property Controls Relation

Abstract:We are reforming the times growing thickly with contradiction rapidly in one, what must face tradition and modern conflict brings about is perplexed and weary. Self own goes through tradition law culture at present becoming a hot spot field in science of law research. It has composed in reply unique research method but has caught the academic circles attention with grand background, rich content. Trying culture to tradition study is tier of face probe into tradition law culture importance, depends on the person is member of value embodied by the present age society more not only being that the former is the latter ingredient. Culture is a diversification’s, is also that the utensil opens sex’s rather, even if being in modern society, tradition culture still rational reason and space suitable for use having it’s existence, we try the present age of culture value by discriminating analytical tradition, resource excavating culture in favor of legal institutions modernization out of, the construction for the law-ruled country serves.The main body of a book is set forth to infringing upon property property relation in committing a crime, is allotted five parts spread out mainly:Part I is that the boundary that property concerns under the control of surely composes in reply kind. Our country corporal punishment theory requires that the secondary concept begins to the research that property concerns under the control of, the author comments that by the fact that the relation controlling property’s is in progress theoretically to person to corporal punishment, the concept, and boundary reaching property controlling relation fix three kinds property control relation.Part Ⅱ is to concern holding on be equal to Yu property because corporal punishment controls property theoretically basically. Think that the differentiation being necessary pair first, second carries out an exploration although occupying behavior place, but author of having certain coincidence under the control of with property between behavior, explanation first, second concerns with much better field, more accurate the concept under the control of, concerning and holding carries out a boundary on property stablely. Property commits a crime in our country corporal punishment infringing upon middle, relation embodies property under the control of in order the behavior people deforces others property, being able to say property occupying problem is to study property controls the$64question concerning, but occupy a problem bigger similarity composes in reply with upper existence of civil law place of difference in corporal punishment actual judicial practice is hit by frequent difficult law case that can meet some punishment people intertexture, is harmful for judiciary to judge easy to make judicial person confound holding on holding and civil law on corporal punishment each other, must carry out differentiation face to face first, second therefore. Besides, face to face hold comparing with hold, possessions waits for a concept to carry out differentiation, to explain the character holding on corporal punishment.Part III is that theory sets off from every country, comment that to infringe upon property committing a crime what be protected law is getting more namely hold, taking as an example commit a crime to infringing upon property accurate qualitative, the criminal intention regarding it being protected infringing upon property committing a crime responds to an author in order occupying this in fact under the control of control state, not needing owing to proprietary right and other this right. Secondly, require that unreasonable with some exception situation is in progress restricting, must carry out a judgement from in general public angle of society while proprietary right contradicts with other this right and property order appearance.Part IV is firm belief holding on corporal punishment, respond to from occupying meaning, in fact aspect such as controlling and controlling state, the in general public viewpoint of society sets mind on holding on corporal punishment, carry out analysis on peculiar property holding such as bank deposit, property voucher, lethe thing at the same time according to the main objective key element holding, the key element sets mind on the accuracy holding with the objective expounding and proving the basis host sufficiently.Part V is that property controls the effect concerning the form determining the nature and committing a crime to infringing upon property committing a crime. Concern going ahead under the control of from property, infringe upon property committing a crime not bad mark is two process, one being that the behavior people destroys private property controlling relation, feasible others breaks away from controlling to property; That two is to be destroying the property founding up self or third people afterwards immediately controlling relation, makes property not control for others. Property controlling others because purpose of behavior people is illegal, how the person destroys private property with determining the nature direct effect to couple of it’s criminal act controlling relation. Actual judicial practice is hit by, namely if the judgement having founded up self or third people reality controlling the property relation will has direct impact to that the behavior people is put into effect second stage behavior to committing a crime the accomplished offense or abortive firm belief.