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Study About Subjective Understanding Of Quantitative Faxtor In Offenses Against Property Crime

Posted on:2014-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z H CaiFull Text:PDF
GTID:2256330425977052Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Abstract:quantitative Faxtor of crime, in This article,is the amount ofexpression, or expression can be interpreted as the amount of the plot, and reflects thebehavior of social harm factor in offenses against property crimes.In order to show the nature of quantitative Faxtor of crime more refined,according to the amount of quantitativeFaxtor of crime exist in different forms, sinamount can be broken down as the subjective perception of the crime and the amountof factors, the objective and the actual amount of quantitative Faxtor of crime, aswell as judicial factors to determine the quantitative Faxtor of crime; legal formaccording to the of the quantitative Faxtor of crime, the amount of quantitativeFaxtor of crime can be divided into the basic amount of quantitativeFaxtor ofcrime and the amount of the crime of aggravated.The quantitative Faxtor of crime which belong to the category of theelements of the crime, to distinguish it from the terms of the book,which plays boththe multiple role of evaluation of the quality and quantity of behavior. Thequantitative Faxtor of crime are not independent of the constituent elements.However, due to the value of its own measure characteristics, and thus both the dualnature of the subjective and objective.As constituent elements elements of the crimeand the amount of factors, the basic amount of sin factors identified conditions ofcrime, the perpetrator should be required to have understanding, do not recognize, do not constitute a crime;Constitutes the Key Element sin on factors, including theamount of the crime of aggravated factors, as well as the quantitative Faxtor ofcrime factors higher than the amount of the crime of aggravated factors, factors to beconsidered when sentencing, the behavior of this knowledge, it shall bear theincreaseof the Sentences consequences; without recognization, should not assumeaggravate the penalty consequences.The fundamental purpose of Studying the f the quantitative Faxtor ofcrime is to solve the crime of the amount of factors recognized to deal with theproblem of error conditions.In this paper, according to different criteria, thequantitative Faxtor of crime recognize the error subdivision understanding for thebasic amount of sin factor error and the amount of the crime of aggravated factorsrecognize the error, As well as the quantitative Faxtor of crime recognized excessand lack of knowledge of other types ofUnder normal circumstances, the perpetratorof the crime of aggravated on factors raising an error if he has recognized the basicamount of sin factors, the basic elements of the crime requirements have been met,then he would constitute a crime.But when the perpetrator acts against property is aparticular motives to launch major awareness error occurred and the amount of thecrime of aggravated factors, this error is serious enough to recognize the value of theobject property if theperpetrator to achieve suchextent that will completely abandon harmful behavioragainst the property, it should be enough to block the criminal illegality.
Keywords/Search Tags:Crime of Against property, Quantitative faxtor ofcrime, Misconceptions
PDF Full Text Request
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