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The Study On The Error Of Cognition In Theft

Posted on:2008-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhouFull Text:PDF
GTID:2166360215487976Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The academic world always attaches importance to the error of cognition incriminal law, because it can influence the form of offence, accomplishment of crimeor attempt of crime, the degree of the criminal responsibility. But so far, our researchlimited in the frame of the constitution of crime, and studied it as a whole. Theft is acommon crime to which we have paid attention. But we rarely studied on theft withthe cognitional error. Since the importance of the cognitional error and the universalexistence of theft, we tried to investigate the error of cognition in theft. We hope itwill be helpful to the study on theft both on the theory and the practice.This article started the study from the concept and the characteristics of thecognitional error in theft. According to the concrete conditions of our country'sjudicial practice, we summarized the conditions and the types which existed in theft.Because of the importance of value in theft, we put it as an independent part.According to the different types, we illustrated the different cognitional error in theftand suggested how to deal with them. In some parts, we also put forward thesuggestions of perfecting the legislation of theft by analyzing the legislativeexperiences of other countries.
Keywords/Search Tags:theft, cognitional error about target and object, cognitional error of value, cognition of illegality
PDF Full Text Request
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