Research On The Qualitative Problem Of The Owner’s Taking Back The Property Owned By Others

With the diversification of commodity circulation mode and transaction form in modern society,the ownership and possession of property often do not belong to the same subject.In real life,there are also some occasions where property owners will take back their own property owned by others.Through the judgment of many judicial cases for such cases,the nature of such behavior is still unclear in China’s judicial practice,which damages the justice and authority of justice.The fundamental reason is that the protection of legal interests of property crimes has not reached a unified understanding in the theoretical circle of criminal law and judicial practice,which leads to different judicial conclusions and reasons.At present,there are different theories about the protection of legal interests of property crime,such as "ownership theory","the right theory","possession theory" and "middle theory".This classification is mainly based on the legal interests of theft protection and from the perspective of "property transfer".However,these four theories have their own limitations.Although they can provide some ideas for the solution of specific cases,they still can not provide a common theoretical basis for all types of cases,and can not effectively solve the qualitative problem of property owners taking back their own property owned by others.Based on the nature of the property protected by criminal law,the theories of legal property,economic property and law economic property have emerged in the theoretical circle.Among them,the theory of law economic property requires that the property crime should not only cause the loss of the victim’s property,but also be recognized by the legal order.The theory of law economic property is not only conducive to maintaining the unity of China’s legal order,but also more in line with the uniqueness of China’s property crime legislation.On the basis of clarifying the protection of legal interests of property crime,this paper divides the owner’s taking back the property owned by others into different behavior types,including the owner’s taking back the property illegally owned by others,the owner’s taking back the property legally seized by state organs,and the owner’s taking back the property owned by others based on pledge,custody,lease and other contractual relationships The legal possession of their own property and the owner to take back the legitimate possession of their own property and then claim for compensation and other follow-up behavior.Based on the theory of law economic property,we can analyze the nature of the above behavior types from the perspective of "property loss",so as to get the conclusion of crime and non crime,and what kind of crime to establish,so as to provide ideas for solving such problems in judicial practice.