On The Protection Of Property Crime-justification For Legal-economic Property

Property-related crimes are common high-risk crimes,and they are the types of crimes that countries around the world are focusing on.They are also hot topics in the theoretical circle of criminal law.Among them,the legal interests of property crimes are one of the focuses of discussion in the theoretical community.It is precisely because the jurisprudence of the criminal law community has not made a definitive conclusion on the formation of property crimes,which has led to the fact that criminal law theory cannot rely on the theory of criminal law to qualitatively and accurately punish property-related cases,so as to impose different penalties on similar property crimes.Therefore,it is of great theoretical and practical significance to clarify the legal system and scope of property crimes.The existing theory of property crime law mainly stems from Germany and Japan.In Germany,the law of property crime mainly includes the theory of economic property,the theory of legal property,and the theory of legal-economic property.In Japan,there is a dispute between the doctrine of possession,the theory of ownership,and the doctrine.Obviously,Japan’s research path of “ownership(own rights)/possession” is congenitally deficient.Whether it is the theory of ownership,the theory of possession,or the middle theory based on possession,or the middle theory based on principal rights,there is an explanation theory.The predicament of the theory is that the Japanese Criminal Law stipulates that the object of the theft of the larceny only refers to the property,but in the object of the property crime,the property is only part of it,and the property interest also belongs to the object of the property crime.Since the Japanese doctrine does not enable us to distinguish whether the possessed criminal form is transferred or not,it cannot distinguish between the state of transfer of property interests,not to mention the interpretation of the concept of loss in the possession of interest and the destruction of property crimes,so this research path It does not apply to the theory of property crime law in China.Combining with China’s actual situation,the author believes that the research path of Germany based on the concept of “property” in criminal law is more scientific,and in particular it is more reasonable with the legal-economic property theory.First,the ideological foundation of the law that the property is described as subordinate to civil law no longer exists.There is no legal basis for explaining the property in the criminal law with the concept of rights in the civil law,and it is also inconsistent with the reality of economic life.Second,the economic property theory is based on the objective economic value of property,over-reliance on the theory of non-value of behavior,recognition of illegal possession and the economic value of obtaining property illegally,and improperly expanding the crime of property crime.Thirdly,the legal-economic property said that the first two viewpoints are comprehensive.It is believed that the objects or interests with legality and economic value are the objects of protection for property crimes in our country.They can find the legislative basis in the Constitution and the criminal law,and are applicable to the judiciary.There will be no significant defects in the above.Therefore,in practice,the theory of legal-economic property should be used to guide the theoretical basis for the judicial practice of property crimes.Based on the constitutive elements of related property crimes,whether or not the behavioral object of property crimes includes contraband products should be analyzed to solve the problem of unlawful causes.It is a difficult problem encountered in the practice of allegedly stealing possessions from individuals based on legal possession of possessions or not.