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Research On Special Theft

Posted on:2013-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2246330392950426Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In our country, the regulation of common theft is:" theft the property of publicand private, and the amount is relatively large", the criminal law also regulates fourkinds of special larceny, they are: repetitious theft, burglary, theft with a weapon andpick-pocketing. In recent years, the amount of cases of theft increases, it infringes theproperty rights of seriously, and also threatens the citizens’ personal safety, and thepeace of residential. So the criminal law publishes it, to protect and improve people’slivelihood.Special theft and common theft is different. First of all, the special theft not onlyinfringes the citizens’ rights of property, it may also infringes the rights of the peaceof residential; secondly, their objective document are different," repetitious theft" istheft more than three times, burglary is theft with whole body or parts of the bodyinto the indoor, theft with a weapon is carry a weapon which can be used anytime,pick-pocketing is theft others’ carry-on property; thirdly, their subjective documentare different: the one who theft repeatedly only have to recognize each behavior istheft, one who burglary should be aware of "in the door", one who theft with aweapon should recognize he is carry a weapon, and pickpocket only have to know theproperty is carry-on. The compromise theory is to consider both the subjective andobjective elements, which is used to judge the attempted theft and the accomplishedtheft.Special theft is easily confused with other forms of crime. Repetitious theft andtheft continuous crime have distinctions and have connections; burglary and the thenuse violence or threat with violence can be established house robbery. The relation oftheft with a weapon and snatch with lethal weapon is coincidence of law article. Inaddition, the amount is still the punishment standard of special theft.
Keywords/Search Tags:repetitious theft, burglary, theft with a weapon, pick-pocketing
PDF Full Text Request
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