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On The Principle Of Crimes Against Property Boundaries Of The Various Types Of Crime.

Posted on:2012-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:F C MengFull Text:PDF
GTID:2216330338464868Subject:Law
Abstract/Summary:PDF Full Text Request
Two widely reported by the media crimes against property of the"big"case attracted him. The case itself is not complicated , but the case caused great concern to the public,academic and the judiciary has caused widespread controversy. Through this paper, I have done in depth. In some ways, I do not agree with the conclusions of the mainstream point of view, trying to refute these conclusions. Whether my view is correct, the reader can see at a glance, this is the result of my independent thinking, which is qualified to write the most important part of thesis. The two"big"cases are: the case of Xu Ting theft of financial institutions and the Shenzhen airport cleaning staff Liang occupied gold case. He appreciates Professor Zhang Mingkai, and use the"Interpretation of Criminal Law"theoretical reasoning that Xu Ting's case is appropriate conclusions should be uncertain of theft, but he turned out to be in favor of the Zhang fixed theft. Therefore, the principles of crime against property boundaries of all kinds of crime problems are really very complex, but also for writing my paper is full of passion. This article is divided into four main parts: the first part, an overview of China's Criminal Law on crimes against property, mainly on the crime of theft and other various kinds of concepts and features. The second part examines the various crimes against property boundaries between species confuse the issue, the author of six aspects of the analysis. The third part, the article focuses on the comparative study and learn from crimes against property, were investigated on the American and British criminal law against property, criminal law in Japan and Germany, Taiwan, China property crime and crime against property on the Criminal Law, And a comparative analysis and reference. The fourth part, the article that established the principle of crimes against property boundaries of the various types of crimes need to enrich and develop the methodology of interpretation of criminal law, and to crimes against property all kinds of sound between the theoretical limits of the problem, put forward their own legislative proposals .Article, to combat crime against property is a long-term social projects, should actively promote the prevention of crime against property and combat system of continuous improvement, to curb the incidence of crime against property, protection of people's property. Currently, the criminal law system with Chinese characteristics has taken shape, but there are imperfections. With the development of society, always with a lag of law, but it is unrealistic to change the law every day, the best way is filled with law enforcement in the context of justice, in accordance with existing legal principles and rules, in the original articles can be semantic in good faith within the scope of the expansion of explanation. Only in this way, our law is flexible and good law.
Keywords/Search Tags:crime against property, various kinds of crime, principle limits, explain the expansion o f criminal law in good faith
PDF Full Text Request
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