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Research On The Theft Of A Number Of Issues

Posted on:2013-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:R L TuFull Text:PDF
GTID:2246330395988316Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Theft is harmful to society of criminal offenses, in theory, Theft has been the focus of academic research of scholars also made quite fruitful. But whether it is theory or in practice, constitute crimes such as theft, as well as with a number of issues related to the boundaries of usurpation of crime, there are still a lot of thinking and exploration. As a result, we focus on the following in terms of interpreting the Theft some problems:First, count of theft an overview. Author Theft connotation from three aspects:first, from the perspective of social history to explore its generated reason; Second, the evolution of the provisions, the ancient Chinese Theft; third, outer Theft concept of theoretical viewpoints.Second, the interpretation of Theft Crime. This section from the main elements of the subjective element, objective elements, four elements of the object on the Theft constitute inquiry. I is not general to resolve the elements go to the targeted nature of the problem of perspective, but from the confusion in the judicial practice. Unit theft, public theft, illegal possession, as a possession, theft of virtual property. Each interpretation.Third, theft Accomplished attempted. Theft is consummated and attempted to judge from the grasp and the spatial location and physical attributes of the object of crime agree with the pass out of control.Fourth, sort out the boundaries of the theft and related crime. Snatch the boundaries of the crime, personal injury, close possession, three aspects of instant violence to distinguish; and to defraud the difference from a defective understanding of the correlation with fraud, the victim’s property from the control point in time, its victims to dispose of their property is generous including sanctions or specific sanctions cheated whether there is a disposition of the four perspective screening; with embezzlement distinction, from the possession of the property relations, illegal possession of the mean point in time, combined with regular consistent the concept of judgment, possession, three points should be noted that the difficult problems of perspective comb; the difference between robbery, Theft analyzed investigate into the identification of conditions of the robbery.Fifth, heft legislative proposals:to increase the sentence clearly and openly theft recognize the plight of open theft breakthrough secret stolen; proposed additional units Theft; proposed to clarify that the virtual into the object of theft of property; delete recidivism as theftthe provisions of the plot.
Keywords/Search Tags:Theft, nonviolent calm ocupy, close possession, virtual property, recidivist aggravating circumstances
PDF Full Text Request
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