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Objective aspect of Theft

Author: LouChenHong
Tutor: ZhaoTianHong
School: China University of Political Science
Course: Legal
Keywords: Crime object Secret theft Amount of theft Multiple theft Use theft
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 332
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Abstract


In the domestic criminal law theory and practical circles , because of the theft of multiple , complex as well as its serious social harm , theft has been a scholar and judicial staff focus. Research on various aspects of theft in theoretical circles have formed a lot of academic achievement . This paper draws on the results of previous studies have been completed on the theft of a comprehensive analysis of the objective aspects discussed , hoping to achieve the objective aspect of the theft as a criminal justice practice and offer constructive ideas to solve practical problems purposes. Text is divided into four parts. First, the crime of theft object. Article the concept of object from the crime began , in the analysis of crime abroad on the four common characteristics of the object based on the theory that the criminal object of the author should have four basic characteristics , and then for several special property would constitute theft crimes were analyzed objects discussed and eventually insisted that as a crime of theft object can not include real estate, contraband is to some extent can be used as an object of theft crime , possession owned properties for others to implement theft whether the conduct constitutes theft is to analyze specific issues . Second, the theft of the secret theft . In this section , the author first domestic criminal law provisions on theft a comparative analysis , obtained civil law and common law system in many countries to some extent acknowledged publicly theft conclusion. , The author has analyzed and discussed in our criminal law scholars on the secret theft larceny through said there 's many problems , if not very good so snatch theft and crime separate. Finally, the author put forward his vision for the theft of the Criminal Law on the objective aspects of the reform program should be conducted , the author advocates the objective aspect of theft should not only be limited to secret theft , theft of openness should be recognized . Third, the amount of theft and theft repeatedly Problem. In this section , the author analyzes the amount of the theft of the four main characteristics of the amount of the theft and the amount of the theft easily be mistaken for several concepts were clearly distinguished. Secondly , the author again that standard amount of theft and calculation principles were studied. Again , the author for the amount of theft for the theft conviction and sentencing of the perpetrator in the process of a comprehensive study of the impact . Finally , the author of several thefts in-depth discussions on China's criminal law provisions on multiple theft in the frequency, time and whether the provisions of the definition of multiple theft and several other aspects of the analysis . Fourth, the \This part is the last part of the article , the author first to combine several on \Secondly, the author also of domestic and foreign criminal law on the \Again , the author of the domestic criminal law scholars on \should be designated as a separate conviction for theft should be concluded .

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