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Theory Of Property Possession To Violate Property Crim Convictions

Posted on:2014-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2296330467465120Subject:Law
Abstract/Summary:PDF Full Text Request
In criminal law, whether the property is held, who possess? Established to determine theproperty crime or not, and offend what property crime is of great significance. Therefore, maysay that has considered infringement property crime in the crime and the crime, this crime andcrime such as the key to the problem. Possession in the presence of need from the possessionof the subjective factor, objective factor analysis, which is to solve the possession of theproperty is in a state of control. Who is actually in control of property, namely the ownershipof the possession, for a possession, according to different standards exist betweenmaster-slave possession, peer relationship, between dereliction of possession, no possession,main content and so on. Theft is the world’s highest incidence of crime, in violation ofproperty crime in the crime of frequency is higher also, constitute theft, one of the elements ofproperty is the object of the crime, possession for others, in other words, is the property ofothers is the precondition of constitute theft. After collecting the golf behavior appears, howto determined the behavior caused controversy,"ball" behavior treatment or into sin is a sin, ifthe processing into sin, constitute a crime? Pick up the ball "possession" attribute is the key tosolve this problem, is also the case at issue. Possession of the change of the state, and have astate change means, such as the method of different, will constitute a different crime. Theauthor through the analysis of the meaning of possession in criminal law, according to themeaning of possession in criminal law, combining with the case of "ball" action propertypossess properties make a comb, a qualitative analysis of this case.Atotal of around seventeen thousand words in full, is composed of five parts:The first part, introduce the cause of action, the basic facts. This part introduces the basicsituation of the case.The second part, introduce the case of disputes and disagreements. After someone pickup the ball the ownership issue, Teng behavior constitutes a crime, to pick up the ball afterTeng behavior, introduces several conviction.The third part, this part analysis behavior of property "appropriation" to pick up the ballproperties and vinesTeng "ball" behavior on the ownership of the property "possession". Fromthe meaning of "possession" in criminal law, Teng "ball" behavior of property "possession"situation is analyzed.The fourth part, this part mainly analyzes the object of theft of the influence of the conviction of possession and the behavior to the case of qualitative. Combined with theprevious part of the analysis, this section analyze the vinesTeng’s behavior to pick up the ball.The last part is the conclusion the author of the case analysis.In this paper, in the perspective of a controversial case, through to the infringement ofthe property of others in the property crime occupies is analyzed, so as to determine thebehavior of crime and not crime, this crime and crime. According to analysis and demonstratethe focus of the case to give a reasonable explanation, the crime constitution of larcenyaspects put forward his own opinions. This paper mainly about whether the behavior of thevines Teng to steal possession of the property of others, if a crime is constituted, whatconstitutes a crime, etc.
Keywords/Search Tags:Violation of property crime, possession, Preempt, Civil action, theft
PDF Full Text Request
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