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The Research In The Object Of Larceny

Posted on:2011-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:X M SongFull Text:PDF
GTID:2166360332455253Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In all criminal cases, infringing upon the right to the property has taken considerable proportion.And larceny in it is the commenest,the social harmfulness is also the greatest.However, the debate and divergence of object to crime is absolutely critical.It leads to some inconvenience in administration of law and has an effects on the apply the law to a certain extent.Therefore,I choose a research on object to crime of larceny in order to sort out the misunderstanding of juridical practice.In addition to the foreword and tag,the thesis is divided into three chapters for the research:1.To start with the concept and constitutive elements of larceny. And proceed to the concept,feature,assortment of object to crime,especially analyseing the influence on the object of repeating stealing, which to lay the foundation of the crime investigation.2.To definite the attribute,value of the property,the civil property and the criminal property by the comparative studies of financial science at home and abroad.It provides a cross-reference to grasp accurately the essential problems of the object to crime in larceny.3. On the basis of above theories,combining the latest research achivement and judical practice;the research of immovable property(all the immovable property can be possessed by theft and any act of theft cannot to be the proprietorship of it), so the immovable property can be the target of crime.To compare with the value of suppositional property and basic characteristic of thing, I come to a conclusion that the suppositional property can be target of crime entirely; To study on an issue that whether property benefit can be the target of crime,and I bring forward that property benefit unable to be the target of crime in larceny.After the above-mentioned, I arrival at a conclusion that each physical form able to be the object on crime in larceny,no matter whether has its commercial value,tangible or not.All in all,I compare and link theory with practice,combine the emblematical cases in judical practice and the differences in legislation at home and abroad.In addition, I borrow the latest reserch achivements to put forward and prove my new points. So that,it can enrich and explore beneficially the theory and research of larceny.
Keywords/Search Tags:crimes against property, object on crime, target of crime, property right
PDF Full Text Request
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