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On The Targets Of Larceny

Posted on:2011-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:D Y LiuFull Text:PDF
GTID:2166330332473421Subject:Law
Abstract/Summary:PDF Full Text Request
What kind of the public or the private property would be the criminal targets of larceny and their essential qualities, which is the disputed legal issue in the criminal academia around the world? The paper states that the qualities about the larceny target should embody the objective values, the disposition ability, the limits of the legal status, the possession by the others. And it also discusses the forbidden circulations in civil activity, the virtual property and its credits on internet, the VAT or the other receipts to fraud of exporting taxes, the discharge taxes are belong the targets of the larceny. And this paper is divided into three parts: Part one is the theoretical discussion about the target's qualities of larceny. This part gives the summary of the target's qualities on larceny through the demonstration about the meaning of property as the target and the analysis of the target in world's academia are the following: the objective values, the disposition ability, the limits of the legal status, the possession by the others.Part two is the discussion about the question of the special targets of larceny. This part demonstrates the forbidden circulations in civil activity, the virtual property and its credits on internet that are the targets of larceny combing with the theoretical guides under the judicial practice in China.Part three is the evaluation of the special targets of larceny regarding the Criminal Law and judicial interpretation. In this part, the author mainly investigates the legal theories base and legal rules about the VAT or the other receipts to fraud of exporting taxes, the discharge taxes. Whereas the four characters of properties as the legal base of the target in larceny, but the values of VAT are not fixed that the violated ownership of the theft state properties would be the great possibility or the non-reality of larceny, which should make the new crime independently.
Keywords/Search Tags:the targets of larceny, qualities, special targets
PDF Full Text Request
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