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Study On The Applicability Of Criminal Law On Accident Astronomical Theft

Posted on:2015-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:J F WuFull Text:PDF
GTID:2296330467468173Subject:Punishment law
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Theft, which has a important position in the state administration. In the history, crime oftheft has plural subject, widely victim, heavy social harm, to some extent, which is the sourceof evil. Meanwhile, with the development of the legal society, citizen’s right consciousness isawaken, the difficult problems of theft crime is growing. Theft, as a traditional issue, althoughmany people have made considerable progress, but there is still need further research, theapplicability of criminal law on accident astronomical theft is one of them. Accidentastronomical theft refers to that behavior of people based on all kinds of subjective andobjective reasons and not able to accurately recognize the real valve of the stolen property,leading to serious inconsistency to its subjective cognition, therefore result of accidentastronomical theft. In judicial practice, there is no clear uniform standard about how toregulate the conviction and sentencing of the cases, which makes a huge difference in similarcases, and has been plagued our judicial practice.In this article, it is based on the case studies and all of the cases are from practice. whensteal actor’s subjective cognition isn’t serious inconsistency to objectivity, how to judge thesubjective intention of the actor, how to calculate the quantity of theft, and how to convict andsentence. Which leads to discuss the theoretical issues of what is the legal status of quantity oftheft in crime, whether the steal actor is required to cognize the value of the theft property,error cognition of fact’s classification and principle of punishment.In this paper, about2.5million words, in addition to the introduction of the maincontents, this article also includes four parts:The first part is the essential case. First, this section introduce the essential case for thetheft case of Huang. Second, lists the main focus of the prosecution and defendant. Third,combined with the essential case and disagreement of prosecution and defense, the authorconcludes the main focus of dispute: Whether Huang’s pickpocket behavior is generalcognition; Whether is error in cognition of theft quantity;How to amount the quantity ofaccident astronomical theft; Whether the case should adapt second paragraph of Article63rd.The second part is the jurisprudence analysis of relative problem. This part is the mainbody of the article. Mainly analyse the status quantity of theft in Criminal Law, based on allkinds of theory to analyse and the author is favor of the objective constituent elements, the actor should have common cognition. Meanwhile, analysis the relations of the amount of theftand pickpocket, advocating "large amount" does not belong to the actor cognition, andproposed approach when theft and pickpocket is competing. Whether quantity of theft mustbe the goal of criminal intention, mainly analyses it based on kinds of theories and typicalcase. Classification and principle of punishment about the error cognition for the quantity oftheft.and it belongs to object error, but the error of fact is not necessary to impede criminalresponsibility, and must analyse whether actor is general cognition. Furthermore, around thesentence of the case analyses the Criminal Law second paragraph of Article63rd about thatapplicable conditions and the extent of mitigating punishment.The third part is the analysis and conclusion of this case. In combination with thejurisprudence analysis of the second part, knows that the defendant has the theft crime. Theerror cognition for the quantity of theft have affect the criminal intention of the actor, thequantity of jade is not the quantity of theft, the quantity of theft is a large number, and Shouldbe sentenced by the law, but does not apply to probation.The fourth part is research enlightenment. Though the above analysis, the author finallyrecommends three advice of how to deal with criminal law on accident astronomical theft:First, the actor should have a general intention of the quantity of theft; Second, using theprinciple of subjectivity and objectivity by science and unification; Third, judicial activityshould pay attention “common knowledge, common sense, general reason” to adapt,expecting that it is benefit for judicial practice to manage such cases.
Keywords/Search Tags:accident astronomical, quantity of theft, general intention, error incognition, unification of subjectivity and objectivity, judicial determination
PDF Full Text Request
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