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On The Determination Of The Amount

Posted on:2015-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:R ShiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Accompanied by the emergence of private ownership, theft has occurred, it is one of the most ancient and common forms of crime in judicial practice. In the era of progress, socio-economic development, forms, a special means of theft crime are emerging. But whatever the theft by how to renovate, figure how to change, not the essence of its crimes against property change, therefore the amount of theft will inevitably become the evaluation of its harmfulness and sentencing elements. China’s "criminal law" 264th and the Supreme People’s court, the Supreme People’s Procuratorate "on the trial of cases of theft of the specific application of the law interpretation of several issues" provisions are directly related to the amount of problems, thus amount plays an important role in the determination of the crime of theft in. The author combines five years of practical experience in procuratorial work, the existing relevant laws to steals the amount in the judicial practice of the controversy and problems existed are discussed. The first part of the paper lists three "atypical" author five years practical work in the determination of the amount of theft case, this part mainly through the "atypical" case lists the case in the judicial dispute, namely:one is the unity of subjective and objective behavior in the can, the actual stealing property value and property to the subjective understanding value does not comply, how to identify theft amount; two is the theft is difficult to determine the price of goods, how to determine the amount of theft; the three is the theft of virtual property, how to determine the amount of theft. The author has carried on the detailed analysis of three case, and for this part of the "three special" in the third chapter, give corresponding suggestions. The second chapter discusses the system of our country legislation evolution of determination on the amount of theft. Introduced separately analyzes the ancient in the burglary amount recognized the three historic leap in the evolution of legislation, relevant and controversial issues and the current law on the theft of the determination of the amount of the fine to be elaborated. In this paper, the third chapter is the sublimation of part of the combination of theory and practice, the main content is the current legal framework to improve the burglary amount recognized advice. Author exists in view of the actual case in the first chapter of disputes, judicial operation suggestions of existing law, proposes the solution countermeasure. According to the practical work and the related knowledge of case learning research and discussion of theory analysis, draw the conclusion. The thesis finally summarizes the whole thesis, and give a procuratorial work personnel of unlimited expectations rigorous legislation.
Keywords/Search Tags:The amount of theft, subjective and objectire consistent understanding of error, identification, virtual property prices
PDF Full Text Request
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