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Research On On The Attempted Crime Of Amount

Posted on:2015-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:J S ZhouFull Text:PDF
GTID:2296330422482654Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Attempt core issue is the amount of the amount of the attempted offense may bepunished according to the problem, it depends on the amount of hand position and role in theconstitution of the crime, on the other hand depends on the attempted sexual offenders can befined. Accordingly, this paper on criminal law related to the law of the "amount" of the sortthat indicates the amount of so-called economic value is the value or benefits of criminal lawcan be measured in monetary assets, it is the integrity of the Constitution of Crimespecification evaluation Elements; while the so-called statutory amount refers to the amountcommitted the crime as a type of crime established conditions. Secondly, through the studyattempted offense under, combined with "the amount of" limited capabilities to build theamount of attempted offense Punishable According to the theory: As the amount of attemptedoffense Punishable based on behavior causing property legal interests are violated risk, whileIt requires the "amount" as manifestations of human behavior and behavioral risk ofdangerous behavior Attempt to fill the available amount of the penalty, making it fullyestablished in accordance with the substance of a crime. Finally, this paper also to review theissue of judicial practice, the following conclusions: First, the production and sale of fake andshoddy products attempt, in serious cases can be convicted and punished, which can result ina penalty of counterfeit products into the production is based on sales behavior based on theresults of the risk of the market, and to expand the range of behavioral risk harm to fill due tolack of results can be consummated penalty of "loophole." Second, judicial interpretation ofattempted theft "with a huge amount of property as the goal" is the amount of crime object,not the amount of subjective intent of the perpetrator; while the penalty for the offense ofattempted theft of discretion should be applied to "large amount" of punishment files.
Keywords/Search Tags:The amount of the Attempt, Punishable, hazardous areas, Dangerousness
PDF Full Text Request
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