2011Journal of Shiyan Technical InstituteRequires access

Control Right in the Crimes against Property

Miao Liu

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Abstract

The protection of public and private property is the eternal proposition in the field of law,and also a prerequisite for building the harmonious society.The objects or legal interests of the crimes against property are ownership in our current criminal law.A separate chapter is given to describe the crime of property rights violation in China's current criminal law,the ownership of public and private property interests of the same object or lawful system are rights of property possession,use,benefits and disposition.However,with the increasing expansion of social activities,the legal interests being violated in crimes against property is increasingly complex.It is difficult to apply the ownership theory to infringement of legal interests.This paper focused mainly on civil law theory of property rights and demonstrated that it is insufficient to judge the violation of property rights merely by the application of the ownership theory,and hence made a claim of using control right to interpret ownership.

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The protection of public and private property is the eternal proposition in the field of law,and also a prerequisite for building the harmonious society.The objects or legal interests of the crimes against property are ownership in our current criminal law.A separate chapter is given to describe the crime of property rights violation in China's current criminal law,the ownership of public and private property interests of the same object or lawful system are rights of property possession,use,benefits and disposition.However,with the increasing expansion of social activities,the legal interests being violated in crimes against property is increasingly complex.It is difficult to apply the ownership theory to infringement of legal interests.This paper focused mainly on civil law theory of property rights and demonstrated that it is insufficient to judge the violation of property rights merely by the application of the ownership theory,and hence made a claim of using control right to interpret ownership.

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Available abstract

The protection of public and private property is the eternal proposition in the field of law,and also a prerequisite for building the harmonious society.The objects or legal interests of the crimes against property are ownership in our current criminal law.A separate chapter is given to describe the crime of property rights violation in China's current criminal law,the ownership of public and private property interests of the same object or lawful system are rights of property possession,use,benefits and disposition.However,with the increasing expansion of social activities,the legal interests being violated in crimes against property is increasingly complex.It is difficult to apply the ownership theory to infringement of legal interests.This paper focused mainly on civil law theory of property rights and demonstrated that it is insufficient to judge the violation of property rights merely by the application of the ownership theory,and hence made a claim of using control right to interpret ownership.

Key concepts: Public property, Possession (linguistics), Property law, Adverse possession, Property rights, Intangible property, Law and economics, Property (philosophy)

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