The Crime of Theft Protection Theory Evolution and Judicial Choice Law Benefit——The Advocate of Ownership Revised Theory

About the property crime the protection of law whether take ownership or possession,in German and Japanese criminal law and the criminal law theory exists controversy. Generally speaking,whether to take ownership or possession,the qualitative case does not exist differences,but have a substantial effect on the conviction and sentencing in specific cases. The relevant provisions of the criminal law of our country and based on the position of judicial interpretation,the theft protection law should advocate modified For the judicial practice of unauthorized disposal were seized,the ownership of public authority with the seizure of property,to get under the lawful possession of property of others as well as others possession of contraband,stolen goods infringed by illegal means under the guidance of cases,can give the proper and uniform conclusion insaidcorrection of ownership.