侵犯财产罪客体新探

就侵犯财产罪的客体而言,国内通说都认为是"公共财产所有权",无疑存在着以偏概全之缺陷。西方就财产罪的保护法益也是学说林立。但其理论和判例则是由单纯保护本权(所有权)转向考虑对占有的保护。为此我国的侵犯财产罪的客体应坚持占有制度,以弥补通说之不足。

Probe into the Object of the Infringing Crime Against Property

The object of the infringing crime against property universally is regarded as "the ownership of public and private property" by the national criminal law circle, which undoubtedly is partial instead of being comprehensive. There are various theories of the protection for the crime against property in western academic circle of the criminal law, but in its theories and cases the protection is from ownership to possession. Therefore, we, should hold the view that the object of the infringing crime against property is the possession system so as to make a good a deficiency of traditional theory.