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Research On Several Issues Of Crime Of Intentionally Destroying Property

Posted on:2020-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z L P E A E K AiFull Text:PDF
GTID:2416330590454938Subject:legal
Abstract/Summary:PDF Full Text Request
The crime of intentional destruction of property belongs to the crime of property.In judicial practice,compared with other crimes of infringing property,the crime of intentional destruction of property is not a common crime.With the diversification of the concept of "property" in today's era,the corresponding "destruction" behavior has become difficult to define.At present,the theoretical research on the crime of intentional destruction of property in our country is relatively few and lacks systematicness.There are many theories on the constitutive elements of the crime,and there are great disputes among different theories in the theoretical circle.To a certain extent,it affects the identification and punishment of the crime in judicial practice.By selecting three real cases and putting forward reasonable analysis around the disputes in the cases,this paper explores the object of the crime of intentional destruction of property,the act of "destruction" and the identification of the crime in judicial practice,and intends to provide reference for the solution of the problems existing in the judicial practice of the crime of intentional destruction of property through case analysis.This article is divided into four parts,about 15,000 words.The first part summarizes the crime of intentional destruction of property in combination with the legislative provisions of the Criminal Law.The second part analyses the object of crime in the objective elements of the crime of intentional destruction of property.This article mainly discusses the object of crime,including property vouchers,network virtual property,all their own property,non-economic value of goods and so on.The third part introduces and compares the "destruction" behavior in the crime of intentional destruction of property with the views of scholars at home and abroad and existing theories,and puts forward their own understanding and views on the "destruction" behavior.The fourth part discusses the identification and application of the crime of intentional destruction of property in judicial practice through the analysis and qualitative analysis of three cases in the article,and distinguishes the crime ofintentional destruction of property from other related charges.
Keywords/Search Tags:Crime of intentional destruction of property, object of crime, act of destruction
PDF Full Text Request
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