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Study On Some Sentencing Issues Of Larceny

Posted on:2015-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:F Y XueFull Text:PDF
GTID:2266330431951116Subject:Punishment law
Abstract/Summary:PDF Full Text Request
The case of Xu Ting has caused a great disturbance in the society. People have different understandings of Xu Ting’s behavior. There are different views on the court opinions including convicting and sentencing.In essence, China is a country of statute law. Because of the limitation of statute law, a new social change will not be taken in legal provisions timely and with the high speed development of modern society, legislative and judicial practice is short of clear and detailed provisions for some new crimes. How to convict and sentence cases like this has became a real problem, as it did in the case of Xu Ting. Although, Now the Xu Ting has been out of prison, sentencing problems of Xu Ting is still worth thinking about.Based on the above considerations, Xu Ting’s more than170of theft behaviors completed in three different times, due to continuous offence cases, conformed to the continuous crime and the article analyzes its influence on the continuous offence. Whether theft action of Xu Ting is analysised a common theft behavior or not, this article believes that, despite of the theft action of Xu Ting usingthe fault of automatic teller machine, using the same method the of normal Withdraw and no other means of theft, Xu Ting does not affect the fact its constitute of theft financial institutions, as well as the influence on the theft of financial institutions;show relevant circumstances, failure of bank automated teller machine and the influence of the fault of victim of specific cases of sentencing in the case; and analyzes the case of Xu Ting the difference between the first and second instance is legitimate, whether in such conditions to determine the magnitude, although the final verdict and judgment is more reasonable, however, Because of China’s specific tthat lack of mitigated penalty provisions, So there always has inappropriate on Mitigation of punishment; and Through the analysis the sentencing of Xu Ting case,Discusses repeated consideration and conflict of circumstances of sentencing in the sentencing process; Finally, Discusses the influence of public opinion on the case of sentencing in the case of Xu Ting, And how to incorporate it into specific sentencing; and in the case of Xu Ting case, discussed the problems of the form justice and substantive justice.
Keywords/Search Tags:larceny, Financial institutions, Continuous offence, Victim’s fault, Application of the circumstances of sentencing
PDF Full Text Request
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