财产罪中违法一元论与违法多元论对立之展开

Expansion of Opposition Between Monistic and Diverse Illegal Theories in Property Crime

违法一元论与违法多元论在财产罪中存在广泛对立。财产罪法益具有秩序维持的一面,经济的财产说更为可取。刑法上所有权的实体与民法不同,是与物有关的利益归属。刑法根据自身利益保护的需要认定所有权的转移时点,并未完全依照民法规定。对于所有权归属的证明,刑法不受民事诉讼最终结论的左右。在财产罪解释论上,应充分注意刑民违法判断的差异性。

In the property crime, there is widespread opposition between monistic and diverse illegal theories. The legal interest of property crime has one side of maintenance of order, so economic property doctrine is more desirable. The entity of ownership in criminal law is the ownership of the interests related to objects, which is different from civil law. Criminal law identifies transfer point of ownership according to its own needs of interests protection instead of in full accordance with civil law. Criminal law is not subjeet to the final conclusion of civil procedures on the proof of ownership attribution. More attention should be paid to the difference of illegal judgment between criminal and civil laws in the interpretation of property crime.