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Open Qualitative Research On Theft

Posted on:2021-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2416330602478205Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the economy and society,the criminal behavior is constantly changing,which makes the society more stringent requirements on the definition of crime in the criminal law.More and more scholars try to continuously expand the extension and connotation of the crime in order to meet the new era economy Due to the needs of social development,the traditional criminal law criminal viewpoint has produced many contradictions in the process of conviction and punishment of criminal acts.The new criminal theory of theft holds that the definition of theft includes "open theft".The new point of view impacts the traditional criminal law theft point of view and judicial practice.At present,academics have different opinions on whether the crime of theft should continue to adhere to the "secret theft" behavior or accept the "open theft" behavior in a more open manner,and even cause controversy.In judicial practice,the crime of "open theft" is often convicted and punished by the crime of snatching.The crime of snatching seems to be the culprit of public theft,but whether the determination of"open theft" by current judicial practice is necessarily equivalent to the criminal law academics' The author does not agree with the definition of theft.The author believes that in the process of reconfirming the crime of theft,we should not stick to the only way of "secret stealing".The crime of theft should include two methods of"secret stealing" and "public access".The procedure makes a lot of sense.The author believes that the interpretation of the criminal point of view of the criminal law should reasonably absorb the favorable factors that meet the needs of serving the social value,determine the behavior of theft from the overall behavior,and effectively and accurately adapt the crime to punishment...
Keywords/Search Tags:secret stealing, openness, theft, robbery, subjective and objective
PDF Full Text Request
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