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The Judicial Cognizance of Theft Criminal Object

Author: CuiChunHong
Tutor: LvLi
School: Jilin University
Course: Legal
Keywords: Theft The object of crime Real Estate Virtual property
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 152
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Abstract


Theft is a common judicial practice, one of the multiple crime, our criminal law of theft were clearly defined, judicial interpretation of the difficult problems in the specific application of laws in the handling theft cases had a specific explanation. However, for a long time, the object of theft crime problem in our 刑法理论界 there is not unified debate. Theft is a property crime, according to China's criminal law, the crime of theft of public or private property, it is clearly not wrong. In fact, this is based on a division of property ownership relationships constitute theft is not much impact. The definition of the nature of the property itself Theft Crime object of theoretical research and explore critical issues, criminal law does not specifically define. In fact, the controversy on the understanding of the concept of \Theorists generally believe that the object of theft can only be movable property without including any other movable property other than financial, However, this is in China's criminal law provisions did not clearly defined. Theory of development in a different situation because the practice of legislation and judicial practice in a long time, so the traditional theory of the crime object solve the practical problems often can not play much of a role, therefore, Theft Crime object identified to be further updated and improved. In this paper, a variety of research methods, for the purpose of research Theft Crime object of the crime of theft object has properties and Theft identified from this perspective, and then put forward its own the Theft Crime object theory Thinking. The text of this paper is divided into three parts: The first part introduces the basic theory of the object of the crime of theft, from China's criminal law scholars on the the Theft Crime object theoretical arguments and I discussed the object of crime. The second part describes the connotation and extension of Theft. And on the basis of analysis of crime object connotation and extension to define the concept of the object of the crime; second section describes the characteristics of the object of the crime. The third part I understand some special object of crime, there are three, one is real estate, to clarify ideas that real estate can be used as the object of crime of theft. Network network virtual property, this part of the status quo for the current network environment of virtual property and want to be included in the crime of theft object, so you can get the protection of the criminal law. With the development of society, the new crime of theft object emerging new criminal object will have an adverse impact on the traditional theory of theft, the practice is also calling for the theoretical development of the criminal law field Theft Crime object to strengthen these exploration and study of the criminal object, whether it is the theory of criminal law or judicial practice have important significance. Finally, due to the influence of decadent bourgeois ideology, even in China's socialist system, for a long historical period, to fight with the crime of theft is still quite a daunting task.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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