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Research On The Judicial Identification Of Multiple Theft

Posted on:2021-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2416330623970711Subject:Law
Abstract/Summary:PDF Full Text Request
In today's society,there are many difficult problems about "multiple theft",at the same time,the legal norms of "multiple theft" are constantly changing.On the basis of judicial practice,this paper selects the difficult cases in reality,and on the basis of digging into the theoretical basis contained in legal norms,makes an in-depth explanation of the difficult problems of "multiple theft",so as to achieve the combination of theory and practice.Study the identification of "times" in "multiple theft".In the process of identifying "times" in "multiple thefts",we start with the analysis of "two robberies' opinions" of the Supreme People's court,and refer to the "multiple" criminal acts in the legislative cases.At the same time,based on the "time" and "space" dimensions,we measure "times" in "multiple thefts" to analyze "multiple thefts" specifically.Study the cognizance of "multiple times" under the form of stopping theft.This paper analyzes whether attempted theft,preparatory theft and suspension theft should be included in the scope of multiple theft.To study whether the theft that has been punished by administrative penalty should be included in the scope of "multiple theft".In this paper,through the analysis of the principle of prohibiting repeated evaluation,the legislative intention and regulatory direction of multiple theft,and the normative analysis of the behavior that has been subject to administrative penalty in the criminal law,to study whether the theft that has been subject to administrative penalty should be included in the scope of "multiple theft".At the same time,this paper analyzes whether the theft that has been punished should be included in the scope of "multiple theft".Study the sentencing problem of "multiple theft".Starting from the actual situation,this paper points out the problems of sentencing in the current practice process of "multiple theft",the value of the accumulated calculation of the amountand amount to the sentencing of "multiple theft",the sentencing mode when multiple theft coexists,and the situation of recidivist of "multiple theft".
Keywords/Search Tags:Multiple theft, Times, Unfinished form, sentencing
PDF Full Text Request
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