The Boundary Between Improper Exercise Of Rights And Property Crime

The perpetrator believes that he has the right to obtain property or property benefits from others based on some objective reasons.In order to realize this right,it is difficult to implement public remedies in a timely and effective manner or chooses to use private remedies based on considerations such as cost.Realizing one’s own creditor’s rights,ownership,or implementing civil rights granted by the Constitution and laws through theft,intimidation,threats and other property crimes.Whether such improper exercise of rights constitutes a crime or not,the theoretical and practical circles lack a unified standard.Therefore,How to quickly and accurately distinguish the boundary between improper exercise of rights and property crime is a problem worthy of study.This article starts the research from the right as the starting point,and distinguishes it from the perspective of legal interest protection.In addition to the introduction and conclusion,this article is divided into three chapters.Chapter One is an overview of improper exercise of rights and property crimes.This chapter mainly clarifies the meaning and type of improper exercise of rights and the scope of property crime.Starting from the meaning of rights,there are the broadest exercise of rights,the exercise of rights in a broad sense,and the exercise of rights in a narrow sense.The scope of improper exercise of rights to be discussed in this article is to increase the right to petition and report on the basis of the exercise of rights in the broad sense.Civil rights stipulated by public law.Through the enumeration of various standard models,clarify the improper exercise of rights and the type analysis of property crimes with rights as the main content,and try to construct a new classification standard.After clarifying the scope of property crime involved in improper exercise of rights,I tried to find the boundary between improper exercise of rights and property crime.The author classifies the existing boundary as a judgment on the legitimacy of rights and property losses.The second chapter is about the legal interests of property crime infringement.It focuses on the theoretical basis of property crime-the issue of legal interest protection,introduces two paradigms of the right-possession and law-economic property theory,and analyzes the shortcomings of each point of view.The article believes that although the compromised middle doctrine produced under the original right doctrine and the possession doctrine model has certain rationality,the middle doctrine cannot clearly determine the specific criteria of the legal interest of the property and has certain limitations in specific cases.The economic property theory of the law produced by the property theory and economic property theory is more suitable in our country’s legislation and judicial practice,which leads to the promotion of the economic property theory of the law.The purpose of this chapter is to clarify the concept of legal interests and the scope of property,and at the same time,to clarify the basis for the conclusion of the judgment when there is a conflict between the rights of the perpetrator and the victim.The third part is the analysis of the types of crimes and non-crimes of improper exercise of rights.It is analyzed from the two dimensions of whether the legal economic property theory involves the rights stipulated in the civil law and whether there are property losses.Rights are the first step in judging the boundary between improper exercise of rights and property crimes.Only by grasping the right as the first step can we correctly judge from the source whether it is improper exercise of rights or property crimes,and rights are relative.When the right holder improperly exercises rights When harming the property interests of the counterparty,it must formally cause the property loss of the counterparty and infringe the rights of the counterparty.Analyze whether the actor has the legitimacy of the rights from the perspectives of the level of rights of the victim and the actor,whether the rights have a legal basis,and whether the rights are converted into benefits are worth protecting.If the actor loses the basis of the legitimacy of the rights,the victim’s property losses will be lost.Converted into property damage,which would constitute a property crime..