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The Theory Of Indoor Theft

Posted on:2015-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:L JiaFull Text:PDF
GTID:2296330431955680Subject:Law
Abstract/Summary:PDF Full Text Request
The revised theft legislation further emphasizes the protection of the propertyrights of the people and provides for indoor theft, pick-pocketing, carrying a weaponexpressly. The social harmfulness, personal risk and subjective vicious of new typesof larceny, such as indoor theft, go far beyond traditional crime of theft. In the processof the cognizance of the crime, some questions give rise to a heated debate in thetheory and practice. This paper mainly discusses and analysis the disputed problemson the basis of existing research results, hoping to provide train of thought andmethods for the judicial cognizance of burglary. we explore the change trend oflarceny in our country by investigating the legislation from ancient times to thepresent, and to find the characteristics and the defects in the legislation of our countryby comparing the larceny legislation at home and abroad. hereafter, think of the theoryposition behind the changes of the revised theft legislation. When discussing the crimeconstitution of burglary we must focus on the objective aspect. In comparison ofburglary and robbery of housebreaking we can easily find out the difference betweenthem and make sure the scope of “family”. By analyzing the relationship betweenhousehold and theft, we can make sure the intention of the household. we attempt todistinguish with accomplished offense between attempted offense of burglary. Firstly,we discuss the time when the actor set about the crime,in other words, the problem of"Start" in a crime. Secondly, we must ensure the nature of the behavior, consequentialoffense or behavioral offense or crime of amount. Finally, we will demonstrate thereasonability of the control theory, at the same time discuss the basis of punishment ofattempted offense. Crime quantity forms need to be discuss to resolve some doubts oninclusive offence, implicated offence, combinative crime, transforming offense.
Keywords/Search Tags:Larceny, Indoor theft, Constitution of crime
PDF Full Text Request
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