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财产犯罪的保护法益一直在传统刑法中占有举足轻重的地位,也有较密切的关注度,由此,涉及财产犯罪的保护法益,影响着刑法的机制平衡,同时也捍卫社会各阶层的公正。文章就罪犯侵犯财产的所有权以及占有权做了分层式的比较讨论。目的:探究财产犯罪就罪犯侵犯财产究竟是占有权还是所有权。方法:通过法学界著名学者的观点结合具体案例论述。结果:在罗列了各观点后,综述发现,两个学术观点都各有优缺点,中和是无法在其中起到根本的解决办法,面对司法与民法矛盾时,如何抉择才是定论的基础。
The law of protection of property crime has always played an important role in the traditional criminal law, and also has a relatively close attention. Therefore, the legal protection of property crime affects the mechanism balance of the criminal law and also defends the fairness of all walks of life. The article made a layered discussion on the ownership and possession of offenders by infringing property. Aims: To explore whether the property crime is the property right or the ownership of the property after the criminal violated the property. Methods: Through the views of famous scholars in jurisprudence combined with the specific case discussion. Results: After enumerating the views, the review finds that both academic points have their own advantages and disadvantages. Neutralization can not be used as a fundamental solution. In the face of the conflict between the judicial and civil laws, it is the basis of the conclusion .