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Study on the Judicial Difficult Problems of Larceny

Author: YangMing
Tutor: PanHong
School: Guizhou Normal
Course: Marxist Theory and Ideological and Political Education
Keywords: Larceny Criminal object Behave of stealing out of controlling view
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 237
Quote: 2
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Abstract

Being one of the oldest forms of infringe upon possessions,larceny is always caught the attention of the scholars in the criminal jurisprudence the world over.This is not only because larceny is heavily destructive to the property of the state and citizens,but also because of its complexity and multiply,which has given similar rise to multitude of theoretical and judicial issues.Based on researches in the past,this thesis has analyzed several important issues.This thesis consists of five parts, approximately 30,000 characters.The first section will state the major elements of theft crime,and the purpose of it aims at explaining the concepts,major elements of theft crime.The second section focus on crime objection research on theft crime. My paper is to formulate all kinds of theory basics in home and abroad, then bring up the basic characters which property ought to own as theft crime objection,according to our Chinese criminal law and relevant law rules,as well as combined the current reality and history traditions.And the paper states some controversial crime object problems that lie in our justice practice.The third section will mention the controversial questions that what are the objective factors of theft crime.Based on the reflection we universally regard crime activities as secret stealing in our criminal law theory,my paper agrees with that conclusion pointed out by some scholar that crime activities are either secret or public.Having summarize many scholar’s achievements,we can consider using peace mean theory instead of secret steal theory to explain the concept of "stealing".The fourth part debate the limitation between theft crime and the relevant crimes.This part will distinguish theft crime from the relevant crimes.For instance,theft crime,fraud crime,illegal possession crime, rob crime,and offence of corruption.The fifth part will study the criterion of accomplished offense and attempt in theft crime.In this article,I evaluate simply all kinds of theories about the criterion of accomplished offense and attempt in theft crime in our own and foreign criminal law,then point out "losing control theory" is somewhat reasonable as a criterion for judging accomplished offense and attempt.Alsd,acknowledging the foregoing,we must combine specific situation in justice practice to judge.

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