Font Size: a A A

On Cognition Error Of The Amount In Theft

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:S B CuiFull Text:PDF
GTID:2296330485979091Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The legislation of the crime of amount is an important characteristic of criminal legislation in our country.The research of the amount focused on the theory of crime, and little focused on the crime.At the same time, error theory is the important theory in criminal law.If the cross-study of amount and error will play an important role in the development of two areas. Because of the high incidence and typicality of theft, theft is the perfect starting point of the cross study of amount and error.The main content of this paper includes the following aspects:First, understanding the theft amount. Although the amount is widely distributed in the criminal law and judicial interpretation, but it is divided into several categories, such as the amount of crime and the amount of the proceeds of crime, conviction and sentencing amount. Different amounts have different functions which need to carefully analyze the position in the theory of crime. According to the provisions of the criminal law, the amount in the theft will be divided into basic amount and aggravated amount which should be analyzed respectively in the theft system. The basic amount is the objective elements, and need to be known by the behavior person, and the aggravated amount is paralleled with aggravated elements and sentencing rules and needs to be known.Second is the analysis of errors of the amount in the theft. The understanding of the theory of error is very rich, this part mainly introduces the classification of the error of amount in theft, treatment principle and basis.Third is about the treatment of error of amount in theft.The relationship between the cognition error and the actual amount can be divided into positive and negative error, and I will analyze conditions which often occur in in judicial practice according to this classification.The final part will introduce the advantages and disadvantages of the legislation of the amount of crime in our country. Amount of crime legislation can reduce the penalty application, and can make the sentencing accurate and reduce arbitrariness; But the amount of crime legislation also results in law in the region is not uniform, for amount of theory and the theory of criminal law of chaos. It is suggested that we should reduce the amount of quantitative factors in the judicial.
Keywords/Search Tags:the amount, cognition error, theft
PDF Full Text Request
Related items