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Interpretation Of Larceny Specification

Posted on:2015-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChaiFull Text:PDF
GTID:2266330428472751Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s society, rapid economic development, people’s living quality and to improve gradually, the social situation of various types of illegal crime theft quantities. The social harmfulness caused by Illegal and criminal behaviors is becoming larger because administrative penalties have been unable to effectively curb the occurrence of this kind of crimes. In this situation, the amendment of criminal law eight modified for theft, that is,"Burglary," Hand Theft" and "Steal " are added to the traditional thefts. On April3,2013, the supreme people’s Court and the supreme people’s Procuratorate issued the explanation of some law issues which are applicable for theft criminal cases. It Clearly defined the meaning of "Burglary," Hand Theft" and "Steal". But as for the specific application of the judicial practices, there are some problems that are worthy of study. This paper analyses deeply how the problems should be solved.This article main text is divided into four parts.The first part:summary of larceny. This part mainly combined with the latest revision of "criminal law amendment eight" on stealing the latest regulation, analysis of stealing several behavior of new type into the cause of the crime.The second part:stealing the concrete analysis of interests. In this part the author mainly analyzes the three kinds of new special type of theft by the infringement of legal interests. In addition to the brief introduction of the traditional embezzlement infringes upon the legal interests, for because of the new type theft makes legal interests may change in the situation are analyzed.The third part:the definition of theft behavior type. After this part is to modify the theft of five types of behavior analysis. Among them to modify the existing "theft" many times before and "relatively large" briefly introduces two types of behavior, and will increase the paper focus on the new "three types of analysis, combined with the latest judicial interpretation, analysis of its semantic understanding, as well as how to apply on the judicial and define a serious inquiry.The fourth part:the accomplished and attempted to distinguish larceny. This part is mainly for special type of theft to attempted and accomplished, standards and to distinguish the study.Conclusion, summing up the article content, emphasis on purpose.
Keywords/Search Tags:Special Type of Theft, Theft behavior analysis, the Legal interests of Theft, Accomplished and Unaccomplished offense of Theft
PDF Full Text Request
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