The Boundary between the Exercise of Rights and Property Crimes

In modern society ruled by law, awareness of rights has become an instinct of human beings. However, the exercise of rights is not without restrictions and must abide by its legal boundaries. In judicial practice, cases involving abuse of rights by means of property crimes are mostly handled with the disposition of excluding crimes. In recent years, however, there has been a certain trend of criminalization, and there is a lack of a scientific and unified solution. To achieve effective exclusion of crimes, it is necessary to accurately define the scope and types of the exercise of rights. For the exercise of rights for the realization of ownership, according to the protected legal interests of property crimes, the possibility of constituting property crimes can basically be ruled out. For the exercise of rights for the realization of claims, while acknowledging the existence of property losses, crimes can be excluded at the level of illegality through the review of the basis of rights, and the necessity and proportionality of means. Acts of exercising claims constitute property crimes only when they cause property losses to the victim, adopt means that conform to the constitutive elements of crimes, have no justifications for excluding illegality, and have the intent of illegal possession.