The Identification Of Stealing Property Benefits

In modern society,people’s property forms tend to be diversified,and property interests represented by creditors have gradually entered the edifice of people’s wealth system.The emergence of property interests has brought convenience to people’s lives and transactions,but there have also been a large number of thefts against property interests in social life.For example,in order to evade debt theft IOUs,theft of other people’s equity,etc.,these acts obviously infringe on the property or property rights of others,but China’s legislation does not clearly stipulate and interpret the concept of property interests and harmful behaviors,resulting in differences in the determination of criminal responsibility in cases of theft of property interests by judicial organs,and at the same time,the theoretical circles also have different characterizations and debates on the theft of property interests.Therefore,by studying the problem of theft of property interests,this thesis hopes to provide ideas for the identification of theft of property interests.In addition to the introduction,this article consists of the following three sections:The first part,starting from the concept of property interests and based on the essential characteristics of property,determines the characteristic elements and attribute scope of property interests,so as to clearly understand and determine their connotation and extension,and then grasp the core difference between property interests and other forms of property.Grasp the positioning of property interests from the property system,and lay a theoretical foundation for property interests to become the criminal object of theft.The second part,starting from the controversy in the criminal law circles over whether property interests can be the target of the crime of theft,analyzes the differences and reasoning logic of the academic circles on the threshold of property interests in the crime of theft.On the basis of the existing theoretical research,this thesis argues through macro and micro perspectives that the theft of property interests constitutes the logical way out of the crime of theft.From a macro perspective,the inclusion of theft of property interests into the crime of theft is the need to coordinate the property crime system and an inevitable requirement for the unification of property crimes.At the same time,it can also make up for loopholes in criminal law punishment and avoid evading the occurrence of criminal acts.From a microscopic point of view,any crime must meet its criminal constituent elements,and the theft of property interests is no exception,and the expanded interpretation of property through the perspective of criminal law interpretation makes property interests as the object of crime comply with the provisions of the criminal law,and on this basis,it is further demonstrated that property interests have the characteristics of the transfer of possession of the crime of theft,so as to provide a specific basis for property interests to become the object of theft,and finally achieve the purpose of fully demonstrating that the theft of property interests can be recognized as the crime of theft.The third part analyzes and determines the typical theft of property interests in practice.This thesis mainly studies the theft of loan vouchers,equity theft,theft of labor consideration,and use theft in practice.By analyzing and demonstrating the above specific behaviors,the results of theoretical research can be guided into judicial practice,so as to provide a theoretical basis and solutions for the determination of theft of property interests in practice.