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The Practical Problems Of The Crime Of Theft

Posted on:2017-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:G F ZhongFull Text:PDF
GTID:2296330503453265Subject:Law
Abstract/Summary:PDF Full Text Request
Theft is a crime against personal property,especially in 2011 "criminal law amendment(eight)" promulgated, in the practice of its definition as a violation of the object, including what accomplishment and attempted standard, which on the problem of how to distinguish between crime and non crime, has been controversial. Through the research, this paper argues that the object of the crime of theft should include the object of subjective use value and the use value of the body. In the case of theft, the amount of "multiple theft" does not need to reach the requirement of "large amount", while "people’s home" does not need to consider the amount of the problem should be set up for criminal cases investigation. In the practice, the new understanding of the three special type of theft should be from the nature of the crime, namely, the "legal interests infringement". The traditional standard accomplished larceny should be defined as: control reflect the value of property on the property have been away from the original owner or manager, and three special types of theft behavior results such as large amount requirements are identified according to the standard of traditional accomplished larceny, if has not obtained the property or not the actual control of the property, there may be specific to the establishment of the crime, when completed to analyze.
Keywords/Search Tags:The crime of theft, Practice, Accomplished offense
PDF Full Text Request
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