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Research On The Problem Of Error Cognition On The Larcenous Object Value

Posted on:2016-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiFull Text:PDF
GTID:2296330467477163Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to the article264of the Criminal Law of the People’s Republic of China, it is one of the larcenous constitutions of stealing a relatively large amount of public or private property. Moreover, the standard was also specified by the "Supreme people’s Court and the Supreme People’s Procuratorate’s some issues of applicable law on the handling of criminal cases of theft explanation". However, there has long been divarication in whether the inconsistency between the perpetrator’s understanding of the value of the stolen item while he (or she) steals and the actual value of it impacts the constitution of larcency in both the theoretical realm and the practical realm. Started with the general analysis of the value of larcenous object, this paper proposes the principle and method aimed at the error cognition on the larcenous object by summarizing related theoretical disputations. The article is divided into the following four parts.The first part is the general analysis of theft object value. Based on the analysis of our country’s legislation mode and the definition of the larcenous object and value of larcenous object, this paper analyzes the role that the value of larcenous object plays in the criminal law. The author agrees the theory on the Normative Tatbestandsmerkmale that the value of larcenous object belongs to the Normative Tatbestandsmerkmale, which lays the foundation for the following demonstration of it.The second part is the recognition of the value of larcenous object. Through the analysis of the connotation and characteristic about larcenous object value cognition, then larcenous object recognition of value whether it belongs to the crime of larcenous content of intention, a comparative analysis of the positive and negative said that the two views. The author agrees that larcenous of object recognition of value belongs to the crime of theft intentional understanding content, which have decisive effect on the establishment of the theft of deliberately.The third part is the error cognition of larcenous object value. Through the analysis of the error of cognition characteristic of larcenous object value. The author consider that the behavior people understanding of larcenous object value error is not a legal wrong but objects of error of fact in error.The fourth part is about larcenous object value cognition error handling. Chinese and foreign criminal law theory of mistake of fact processing based on the theory of value cognition errors, larcenous target classification, including overestimating the object value cognition errors and understimating the error of cognition of theft target value, and puting forward the statutory and principle of unification of subjectivity and objectivity as the principle to handle the error of cognition of larcenous object value.
Keywords/Search Tags:larcenous object, value of larcenous object, the error cognitionon the larcenous object
PDF Full Text Request
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