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财产犯罪保护的法益主要存在所有权说、占有说、修正说。所有权说认为财产罪保护的法益是财产所有权,此说对于违禁品、违法财物等作为犯罪对象时不能很好解释;占有权说不能很好解释事后不可罚的行为;修正说是相比较为合理的,但是过于繁琐很难在司法实践中运用。刑法上的占有包括合法占有和非法占有;在非法占有下,所有者以及其他本权的占有者恢复权利,不发生侵犯财产法益的问题;未经法定程序没收的财产利益也应该是财产罪保护的法益。
The legal interests of property crime protection mainly exist in ownership, said possession, amendment said. Ownership that the legal interests of property crime protection is the ownership of property, which say contraband, illegal property as an object of crime can not be well explained; possession that can not explain the aftermath of the unruly behavior; amendment that is more reasonable However, it is too complicated to apply in judicial practice. The possession in the criminal law includes legal possession and illegal possession; under the illegal possession, the owner and other possessors of the present right restores their rights without infringement of the legal interests of property; the property interests confiscated without legal procedures should also be the property crime protection The legal benefits.