CAI Guisheng
Journal of Renmin University of China.
The relation between the theory of economic property and that of legal economic property in Chinese criminal judicial practice is not mutually exclusive,but concurrentPlacing undue emphasis on the theory of economic property does not conform to the reality of criminal code orjudicial practiceRecognizing 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 interestIt could contribute a contradiction between criminal law and other departments of law as wellThe theory of economic property reflects the idea of pragmatismDue to its lacking of normative valuation,the theory of legal economic property will not disappearIt will coexist with that of economic property and even evolve into the theory of functional property in the future