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The Study Of The Amount Related Theft In Attempted Crime

Posted on:2020-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
GTID:2416330596987520Subject:Law and law
Abstract/Summary:PDF Full Text Request
As a most common type of property crime,theft is a serious violation of public and private property.In order to punish crimes and protect public and private property,the Supreme People's Court and the Supreme People's Procuratorate have formulated judicial interpretations of theft,clarifying the specific conviction and sentencing standards for theft,and playing an important role in regulating the application of laws and punishing theft crimes according to law.But it has also led to a lot of controversy,especially the related issues of theft.Because the two different crime forms of crime and attempted crime are related to the determination of the harmfulness of behavioral society,it directly affects the conviction and sentencing of the perpetrator,and the identification of the crime of theft is also a complicated problem in judicial practice,due to the existence of criminal law.Different opinions,so these issues need to be further resolved.This paper analyzes the basic problems and related theories of the attempted amount of theft,and combines the cases in the judicial practice to put forward the viewpoints on the identification criteria and the law applicable in the sentencing of the amount of theft.This article mainly discusses from four aspects: The first part defines the basic concept of attempted amount theft.From "the attempted crime" to "the punishment of the attempted crime",the definition of the concept is defined from the "amount of crime" to the "amount of theft" and points out three problems in the attempt of the amount of theft.The second part deals with the first problem of the amount of theft.From the definition of theft,it analyzes the different theories of “being started” and “not succeeding”,and believes that the determination of the attempted theft should be divided into different situations.The third part deals with the second problem of the amount of theft-type crime.It starts with affirmation and negation,analyzes and discusses the attempted crimes of the basic crimes,and analyzes how the judicial practice deals with similar situations and puts forward bold ideas.The standard of attempted theft is higher than the standard of the past,which helps to clarify the standard of attempted theft.The fourth part is aimed at the third problem of the existence of the amount of theft.First of all,it is sure that the amount(special)is huge and there is an attempted crime.At the same time,it is wrong to give an understanding of the value of the object appearing in practice and give appropriate treatment.Finally,I would like to put forward my own views on the attempted and sentencing of the theft of the amount(special).
Keywords/Search Tags:Theft, Crime of Amount, Attempted Crime, Amount related Theft
PDF Full Text Request
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