Study On The Definition Of "Property" In The Crime Of Property Violation

According to the judicial data statistics released by the supreme people's court,cases of property infringement occur frequently,accounting for about 30% of the criminal cases concluded annually in China.Therefore,it is of great value to study the crime of property infringement.However,in most articles,the word "property" is involved,but there is no clear definition of "property",which will lead to disputes in practical application and problem analysis.Therefore,this paper extracts the essence of property in the legal sense through the development history of property,and defines the concept and characteristics of property in combination with the value orientation of criminal law,in order to solve the current relevant judicial disputes.The structure of this paper is as follows:The first part is the historical analysis of the nature of property in the sense of law.Firstly,it analyzes the understanding of property in the history of civil law countries.Through the analysis of the legislation and relevant theories represented by ancient Rome,Germany,France and Japan in the civil law countries,it comes to the conclusion that property is something that should have property content and can be directly controlled by people.After analyzing the understanding of property in the tang and song dynasties,the property in the tang and song dynasties is the movablething that should have the property content.In common,both of them require the definition of property to have the content of property(value)and the controllability of people.Finally explores the late qing dynasty and modern history.The article argues that we should learn from the lessons of history and not only recognize the merits of others but also learn to improve ourselves.When the social environment changes,law should not only learn to use for reference,but also adapt to the social environment and meet the needs of the society.The second part is to define and analyze the concept and characteristics of property in the crime of violating property.First of all,through understanding the object and social subject of the value of the crime of infringement of property desire to further explore the value orientation.Three value orientations are obtained from the discussion of the object,which are not against the property,negation of all the harmful behaviors of property rights and interests,and the need to regulate the relevant harmful behaviors related to the emerging property.The value orientation is to make the scope of property as wide as possible in the cognition of the subject.Secondly,the concept of property is obtained by integrating the essence of property in the legal sense and the value orientation of the crime of violating property.Property refers to the content of property,disposable,not limited to legitimacy,not limited to the body,in the predictable scope of human consciousness outside all the objective existence.Finally,through the concrete analysis and understanding of the concept of property,the property characteristics are summarized as value,exclusivity and dominance and specificity.First of all,on the basis of historical research,the understanding of "property can be directly mastered" should have two aspects: one is the possibility of exclusive domination,the other is specificity.Therefore,combined with the nature of the meaning of property for a preliminary definition of the content of property with the possibility of exclusive domination and specific.After that,through the attitude towards the legislative spirit and judicial interpretation,the value orientation of the criminal law is the property in the natural sense with no obvious restrictions.Combined with the understanding in the natural sense and the valueorientation of the criminal law,the property in the crime of infringing on property should be the property with the content of the property and the possibility of exclusive domination and specificity.Starting from the concept and content of property,the characteristics of property should be divided into three points,which are value,disposable and unique carrier.The third part is to analyze the hot issues in practice.Respectively through above to violate property crime property analysis of the definition and characteristics of real estate,the human body,contraband goods,document of title,whether the virtual property and digital currency belongs to property,according to the article,understanding of real estate,when the offender to exclude the obligee of the real estate control,realize the fact that dominate has violated the ownership of the obligee.As for the special requirements of the real estate ownership change(registration)more significance lies in is advantageous to the holder of the rights and improve the offender disciplinary action the difficulty of real estate,in the same way,for motor vehicles such as large movable property,law also had a similar change program,but obviously have no objection to the behavior of the motor vehicle theft and robbery.Therefore it is possible and feasible to include immovable property as property in the regulation of the crime of violating property.The understanding of the human body,the fertilized egg,the body and the tissues and organs that are separated from the human body,whether the tissues and organs that are illegally extracted are held by an unwitting third party after being transferred or are separated by the voluntary disposal of the provider,are all property and can become the object of the crime of property infringement.In the understanding of contraband the property scope of the crime of infringing upon property should not merely be the property of the legitimate source but should include all the objects having property properties.The understanding of right evidence,certificate does not belong to property,negotiable securities belong to property.The understanding of virtual property,the vast majority of virtual property belongs to property.It should be realized that the scope of virtual property is very broad,and the types and forms are diversified.Under such a background,it should notbe avoided that "one stick kills all"--whether virtual property is property or not should be defined from the perspective of whether it has property properties.