Deciphering crime of misappropriation through the lost property system
Zhang Ji-han
Abstract
Zhang Ji-han
Abstract
The difference in comprehension of forgotten property in criminal law baffles the judicatory practice.The analysis of the law of the crime of misappropriation and the lost property system of China and foreign countries,explores the irrationality of equalling the lost property to the forgotten property.The forgotten property ought to be regared as the same legal statues as the consignment.The doer infringing the specifical requst of his profession is the key element to ascertain the forgotten property from lost property.
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The difference in comprehension of forgotten property in criminal law baffles the judicatory practice.The analysis of the law of the crime of misappropriation and the lost property system of China and foreign countries,explores the irrationality of equalling the lost property to the forgotten property.The forgotten property ought to be regared as the same legal statues as the consignment.The doer infringing the specifical requst of his profession is the key element to ascertain the forgotten property from lost property.
Key concepts: Misappropriation, Property (philosophy), Law, Property law, Intangible property, Law and economics, Irrationality, Element (criminal law)