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关于财产罪的保护法益,历来存在着法律财产说、经济财产说以及本权说、占有说的争议。我国刑法理论中,财产罪保护法益以所有权说占主导地位,但近年来,该学说也受到了广泛的质疑。本文认为财产罪保护法益的确定既要体现法律规范的整合性,同时要符合社会经济发展的要求,在此基础上,本文提出了拟制的本权说,将财产罪的保护法益界定为本权与基于事实占有而产生的拟制的本权。
With regard to the legal protection of property crimes, there has always been a dispute over the legal property, the economic property, the claim of ownership and the claim of possession. In the theory of criminal law in our country, the legal benefit of property crime protection is dominated by the ownership, but in recent years, the theory has also been widely questioned. This article argues that the legal benefits of property crime should not only reflect the conformity of laws and regulations, but also meet the requirements of social and economic development. On the basis of this, this paper proposes the proposed right to say that the legal protection of property crime is defined as Right and fictional right based on factual possession.