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Research In Difficult Problems About The Accomplished And Unaccomplished Theft

Posted on:2011-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:L F FuFull Text:PDF
GTID:2166360305963220Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As one of the most difficult crimes both in theoritical and practical fields of Judicial, theft has never been lack of attentions of the public. Among many controversial and difficult problems of this crime, attempted and accomplished theft is undoubtedly the focus. Yet the criteria for attempted and accomplished theft,the treatment of the crime that some part are attempted while some are accomplished,and attempted burglary are the most complex and critical problems.All along, the discuss on the criteria for attempted and accomplished theft has always been hot and fruitful. Neither the theory of "out of control" nor the theory of "control"is perfect. However,the theory of "new control" sees whether the property of theft,which has reached the legal amount,is under actual control as the distinction between attempted and accomplished theft. Actors,who set the goal and have actually controlled the property, which has reached the legal amount,will be found guilty of the theft accomplished. While the ones,who faild to meet the statutory amount owing to some reasons out of their will, will be found guilty of attempted theft. The theory is based on relevant theories of the legal interests, and it is a combination,with rationality and necessity,of the behavior standard of whether the properties are actually controlled and the quantitative criteria of whether they have reached the legal amount. Neither is dispensable.In real life, in addition to the common fully completed and attempted theft, there are still some phenomena which some part are completed while some are attempted. It is mainly manifested in two cases:The co-exist of attempted and accomplished theft for the same object,at the same time and in the same place; The co-exist,based on the same motion,in several thefts for the same object or different objects. The key to these problems is to handle the punishment of unaccomplished theft correctly. For a long time, our country's academics have paid great attention to the identification of patterns of attempted crime, ignoring the specific penalties for attempted crime irrelevantly Attempted theft includes not only general attempted thefts,but also crimes of attempted theft, and the latter is the key to solving the problem of punishment of attempted theft. Through correct interpretation of the attempted provision,and based on the basic problems of the punishment of attempted theft, this article, mainly analyse and solve the identification and treatment of the attempted crime of theft,which provides a basis for deeply study on the problem of punishment of some accomplished and attempted theft.The crime of attempted burglary is a theft which the perpetrator entered other people's house illegally,with the purpose of stealling the property,but failed to control it owing to some reasons outside his will or to meet the statutory amount under actual control or he intend to steal small amounts of property but failed to actually control any of it owing to some reasons outside his will. In the past cases, unaccomplished burglary was generally regarded as the edge of crime, and was treated as innocent. However,In recent years, more and more Judicial officers have treated it as the crime of illegal invasion of residential, which even be regulated distinctly by some Judiciaries. For this, it should be dealed with differently under different situations.To be guilt or innocence,it depends.
Keywords/Search Tags:Theft, Accomplished theft, Attempted theft, Attempted burglary
PDF Full Text Request
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