2015Hebei faxueRequires access

Special Object of Theft and Reflection on the Legal Interest of the Crime of Theft

Zhang Ya-ju

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Abstract

Protection of the theft crime in China's criminal law's legal interest is the possession right of ownership or matter has been very controversial. The view of ownership emphasis on criminal law protection of the interests of the law of real rights for self.In fact,the right of ownership of property category apart from the outside,should also include generated by the credit debt relationship of his property. The point of ownership defect is punishment scope is too narrow. With the appearance of new objects theft behavior under the new situation, we should consider the theft protection of legal interest is the first ownership and other rights,followed by the legal possession,at the same time to consider the purpose of illegal possession of the subjective elements in the definition of the protection of law value.

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What this paper is about

Protection of the theft crime in China's criminal law's legal interest is the possession right of ownership or matter has been very controversial. The view of ownership emphasis on criminal law protection of the interests of the law of real rights for self.In fact,the right of ownership of property category apart from the outside,should also include generated by the credit debt relationship of his property. The point of ownership defect is punishment scope is too narrow. With the appearance of new objects theft behavior under the new situation, we should consider the theft protection of legal interest is the first ownership and other rights,followed by the legal possession,at the same time to consider the purpose of illegal possession of the subjective elements in the definition of the protection of law value.

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Available abstract

Protection of the theft crime in China's criminal law's legal interest is the possession right of ownership or matter has been very controversial. The view of ownership emphasis on criminal law protection of the interests of the law of real rights for self.In fact,the right of ownership of property category apart from the outside,should also include generated by the credit debt relationship of his property. The point of ownership defect is punishment scope is too narrow. With the appearance of new objects theft behavior under the new situation, we should consider the theft protection of legal interest is the first ownership and other rights,followed by the legal possession,at the same time to consider the purpose of illegal possession of the subjective elements in the definition of the protection of law value.

Key concepts: Possession (linguistics), Law, Business, Punishment (psychology), Criminal law, Adverse possession, Law and economics, Political science

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