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The Third Person From Theft And The Debtor To Purchase The Ious Qualitative Behavior

Posted on:2016-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2296330461462422Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Theft is the world’s high incidence of property crime.In judicial practice, the typical theft no objection in identified areas. However, in some special cases, for identification theft is so obscure. The author of Wang theft IOU IOU buying behavior and the behavior of the debtor finds Lee leads the relevant theoretical issues, in-depth understanding of larceny for IOU, trying the case for the two behaviors can be accurately characterized. This paper is divided into four parts:The first part: the basic details of a case is introduced. Simple introduced Zhao theft IOU to the debtor Lee to buy a case from the case, for Zhao and Lee behavior qualitative exist do not compose SINS and compose two opposing points of view, but the structure of sin and there are two different opinions.The second part: the legal analysis of the related problems. The author believes that found on two theft case, the key is to confirm whether the promissory note can become the object of theft.Therefore, first by comparing the current theories about the crime of theft of objects and abroad, the integration of the current more representative view of the characteristics of an object defines theft.Combined with a brief overview of the property interests of IOU theft objects become identified, as identified in this case the behavior of the two provides the premise.Then, based on a comparison of the Accomplished point larceny doctrine, for the theft of the defacto control of said Accomplished identified.And combined with the analysis of the behavior of the promissory note to steal, theft IOU for the debtor to purchase behaviors identified.or the third person and then IOU theft theft were found, concluded Zhao and Lee’s actions constitute theft, the debtor is inherited accomplice Lee.The third part: the conclusion of the case. Using the mentioned in the second part of theoretical knowledge to the case analyzes the behavior of the Zhao and Lee concluded that the conduct of the two men for theft, Lee to inherit an accomplice, rather than a mask to hide the crime income, the proceeds from crime.The fourth part: the study of revelation to the case. According to the related theory in the analysis, combining the current judicial practice experience, it is concluded that the IOU theft behavior of some enlightenment.IOU for theft behavior depending on the theme, steal the IOU can be divided into the debtor and the third person to steal IOU two categories. And for the two types of behavior, and depending on the specific analysis of the scene.
Keywords/Search Tags:theft object, property interests, ious, theft with one point, the theft
PDF Full Text Request
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