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The Research On The Objective Of Theft

Posted on:2010-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2166360275982379Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
the objective of theft is the key to theft,and has great significance in theoretical and practical of the entire study of theft.The objective of theft is Complexity,mainly embodied in the following aspects:First,the secret theft.Says that theft must secrecy,but theft in essence is flagrant sexual,flagrant theft means actors act in secret way what himself thinks . Flagrant win means actors act in open way with mild violence.Ting Xu case is the best proof.Second,the larger amount in the amount of theft.Including two situation.One is the actor goals amount,determined by the subjective purpose of the actor.Another determined by the actual amount of the property.Third,several times for theft.The amount of theft didn't meets the standing point for a larger amount.Because the actor acts incorrigible,it's an important criterion for constituting theft.For other act,such as petty theft,several times for public and private property stolen,because of the significant cases of minor,doesn't constitute theft.Fourth,the use of stolen.There is some overlap between general theft and the use of stolen.The key difference between the two is the use of stolen does not has the purpose of illegal possession but has the purpose of the illegal use of.So advised that the use of stolen becomes a separate conviction.Guilty of the use of theft,department two years in prison and control or detention,punished together or single fine.If causes the victim enormous damage to property or repeated use of stolen,department for more than two years in prison for seven years with fine.
Keywords/Search Tags:Theft, The objective of theft, Secret theft, The amount of theft, Several times for theft, Use of stolen
PDF Full Text Request
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