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Research On The Target Of Crime

Posted on:2009-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:F F CaiFull Text:PDF
GTID:2166360242998493Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal target is a very important concept in our theories of criminal law. Generally, the research of criminal target is along with the research of criminal object. Owing to lack of thorough study of criminal target, there are some differences of opinion in respects of the concept of criminal target, the sphere of criminal target, the place of criminal target in constitution of a crime and the function of criminal target. Using the proper theories of the Continental Legal System nationalities, the author studies the above-mentioned differences of opinion thoroughly and tries to make a systematic expatiation to the relative issues of criminal target.The thesis is composed of four parts besides the introduction and the conclusion as follows:Part ?: The generality of criminal target. Firstly, the author rectifies the research of criminal target in recent years. Based on analyses of the intensions and extensions of criminal target, the author puts forth the concept of it. Secondly, rectifies the features of criminal target. Thirdly, rectifies the extensions of criminal target. It includes person, matter and behavior. Fourthly, the author rectifies the categories of criminal target and rectifies virtual criminal target in particular. Finally, the author rectifies the significance of researching criminal target.Part ??: The relations between criminal target and other related concepts. Firstly, the author rectifies the relation between criminal target and criminal object. The differences between them are not to be ignored, but they also contact with each other closely. Secondly, the author rectifies the relation between criminal target and behavioral target. They are two different concepts and have different extensions. Finally, rectifies the relation between criminal target and criminal consequence.Part ???: The place of criminal target in constitution of a crime. Firstly, the author rectifies two different constitutions. They are progressive system and parallel system. Secondly, rectifies the place of criminal target in constitution of a crime. It includes two issues. Is criminal target common element? Which element does criminal target belong to? The author considers that criminal target is not the common element and that criminal target is part of objective elements of a crime.Partâ…£: Analyses about several special crimes. The author rectifies several special crimes. Firstly, rectifies the criminal target of crime of escaping from custody. It is a behavior that judicial officers perform their regulatory duties. Secondly, rectifies the criminal target of crime of counterfeiting currencies. It is real currency. Thirdly, rectifies the criminal target of crime of secretly crossing the national border. It is Entry Management's management. Finally, rectifies the criminal target of crime of embezzlement. They are another person's property in the latter's custody, and the property which someone forgets to pick up, and the property someone had buried.
Keywords/Search Tags:Criminal Target, Criminal Object, Constitution
PDF Full Text Request
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