Further Discussion on the Concept of Property in Criminal Law:A Discussion with ProfFU Liqing

CAI Guisheng

Journal of Renmin University of China ›› 2020, Vol. 34 ›› Issue (1) : 119-126.

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主管:教育部
主办:中国人民大学
ISSN 1000-5420  CN 11-1476/C
PDF(6303 KB)
Journal of Renmin University of China ›› 2020, Vol. 34 ›› Issue (1) : 119-126.

Further Discussion on the Concept of Property in Criminal Law:A Discussion with ProfFU Liqing

  • CAI Guisheng
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Abstract

The relation between the theory of economic property and that of legal economic property in Chinese criminal judicial practice is not mutually exclusive,but concurrentPlacing undue emphasis on the theory of economic property does not conform to the reality of criminal code orjudicial practiceRecognizing booty,counterfeit money and drugs as the property in criminal law does not correspond to the value of “right and wrong” contained in the property interestIt could contribute a contradiction between criminal law and other departments of law as wellThe theory of economic property reflects the idea of pragmatismDue to its lacking of normative valuation,the theory of legal economic property will not disappearIt will coexist with that of economic property and even evolve into the theory of functional property in the future

Key words

Property interest  / Legaleconomic property  / Economic property  / Opposition and coexistence  / Normative valuation

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CAI Guisheng. Further Discussion on the Concept of Property in Criminal Law:A Discussion with ProfFU Liqing[J]. Journal of Renmin University of China, 2020, 34(1): 119-126
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