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Research On The Presumption Of Electricity Stealing In Judicial Trial

Posted on:2023-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:P B XuFull Text:PDF
GTID:2556306902467584Subject:Law
Abstract/Summary:PDF Full Text Request
In judicial practice,it has always been difficult to solve the problem of theft of electricity.Because the consumption of electricity is fleeting,it is difficult to accurately determine the specific electricity theft in judicial trials.In order to prevent the facts of the case from falling into a state of unclear authenticity,either based on the application of one party or the court based on its authority,the presumption system is applied to presume theft of electricity.However,the current norms regarding the presumption of electricity theft are mainly Article 103 of the"Enterprise Power Supply Business Rules",Article 4,Paragraph 3 of the "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft",and the relevant provisions in various local regulations.The provisions on the presumption of electricity theft,the application of these norms in various cases has encountered problems such as confusion in application,lack of reasoning,and negative calculation results.In contrast,the content of these norms themselves also has unconvincing violations of common sense and experience in life.laws,etc.This paper proposes that the electricity theft inference system should follow the value orientation of materialism,and build a set of specific electricity theft inference system according to the type of electricity theft behavior.
Keywords/Search Tags:Presumptions, Power-stealing Presumptions, Criminal Suits, Civil Suits
PDF Full Text Request
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