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Theft Judicial Problems Studied

Posted on:2008-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y P SunFull Text:PDF
GTID:2206360215466419Subject:Law
Abstract/Summary:PDF Full Text Request
The revised constitution of 2004 regulates that citizen's legal property should be protected. The regulation is the result of social development .Criminal law, as the last protective field, has been paying attention to the crime of stealing. The reason of this isn't just because the crime is badly hurt to our social order, but its complex construction leads to many judicial issues which push the development of theory of the crime. I continue to find the solution to the crime on the basis of many learners ahead.The main context includes: i Explain the definition and the construction of the crime besides, make criminal subjects, subjective aspect, the object and the objective aspect. ii The objective aspect has disputable problems which are also the issue of the criminal theory and judicial practice. With analyzing the criminal object, the meaning of stealing secretly, the stealing sum and the criminal law's theory , I pay more attention to discuss the challenge to the law because of the appearance of the Net's fabricated property. iii In judicial practice, if you want to know and deal with the crime of the stealing correctly, we must distinguish the difference between crime and no crime, this crime and that crime, one crime and several crimes, besides the difference in the crime of robbing, the crime of corruption and the crime of capturing. iv The various situations the crime has various conditions, but every opinion has two sides and there's no definite saying. So in judicial practice, law officers must analyze complex criminal phenomenon, also know the exact case, only in this way can they find the suitable standard to definite various criminal stabilized situations.
Keywords/Search Tags:Crime of stealing, Constitution of crime, Behave of stealing, Stealing secretly, Sum of stealing, Attempt of crime
PDF Full Text Request
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