论财产犯罪的对象

On the Objects of Property Crime

在当前的社会、经济条件下,财产关系呈现出日益复杂的样态,对财产犯罪的对象应根据实践中的新情况进行广义理解。财产犯罪的对象是具有一定经济价值,且能够被特定主体控制和管理的物质,包括财物及财产性利益、有体物和无体物,不动产一般不能成为财产罪的犯罪对象。应结合犯罪对象的特征及犯罪形态对犯罪数额进行认定。

Regarding the objects of property crime,there are always many voices in the theoretical circle of criminal law in our country.It is stipulated that the object of property crime is‘public and private property’.But what is‘public and private property’?How should different types of property be defined?In this regard,the theoretical circle of criminal law has not yet formed a unified opinion.Under the current social and economic conditions,the concept of property is also very different from it used to be,and the property relations also show many complex features.The existence of these problems makes the definition of the traditional theory of the objects of property crime very complicated.However,during the revision of the Criminal Law,property crime has not changed much overall.In judicial practice,there are still a large number of cases that cannot be reasonably resolved.Therefore,it is very important to carry out in-depth research on the related issues of the objects of property crime.