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《Journal of Heilongjiang Administrative Cadre Institute of Politics and Law》 2007-01
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Analysis of Criminal Constitution of the Acts of Exercising Rights of Property

WU Gui-sen,HUANG Dong-sheng  
Many problems of criminal evaluation exist on whether the acts of exercising rights of property can be convicted of the crimes of acquiring property.Chinese criminal theory and judicial practice reject to convict the acts of the crimes of acquiring property.The following is the main arguments: the acts don't infringe the object requirement-the ownership;the defendant has no purpose of illegal possession;they are acts of self-help which can impede the criminal illegality.The new standard of the criminal evaluation of the acts shall be rebuilt.The object requirement of the crimes acquiring property shall be defined as the order of property,which means the peaceful and stable possession of the property.There exists the purpose to illegal possession in the acts.Only a small part of the acts can form the act of self-help which is the impediment of criminal illegality.The acts to exercise the rights of creditor shall be convicted of the crimes to acquiring property,unless the acts correspond with the requirements of the act of self-help impeding the criminal illegality;
【CateGory Index】: D924.3
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【Citations】
Chinese Journal Full-text Database 1 Hits
1 ;论刑法的公众认同[J];Chinese Legal Science;2003-01
【Co-references】
Chinese Journal Full-text Database 1 Hits
1 Chen Xingliang(School of Law of Peking University,Beijing 100871);Qualitative Study on Behavior of Intentional Destroying or Damaging Property——Analysis by the Clue of the Zhu Jianyong Case and the Sun Jing Case[J];Journal of National Prosecutors College;2009-01
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