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Discussion Of The Crime Target Of The Larceny And Main Body Of Crime

Posted on:2005-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:H J WangFull Text:PDF
GTID:2166360182467780Subject:Law
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The crime target of the larceny is a kind of properties, which were influenced directly by steal actors. It is a constantly changeable legal category. Moreover, it must possess stated economical value; can be controlled or possessed by people and should be others' property which is not repelled by the law. We think these three attributes of the crime target of the larceny are the criterion to judge whether a certain property could become the crime target of the larceny. According to this criterion, we discussed whether invisible thing, real estate and thievery could become the larceny target in the first chapter of paper.The revised criminal law has defined clearly about the unit commits crime. It is a breakthrough about main body of crime and a perfect improving to criminal legal system in our country. The behaviors of stealing took place again and again in practice in the name of unit. This is not only increasing the degree of difficulty while trying to declare the measurement of penalty guilty, but also proposing the basic challenge to the criminal law theory too. In a situation that current criminal law has the defect, it is obviously not accord with the legal principle of crime and punishment to deal with unit behavior steal according to the punishment to natural person crime, so it becomes the legislative trend to set up "unit's larceny" nowadays. In the second chapter of this paper, on the basis of making clear about concept of the unit, unit crime in criminal law, we discussed "unit's larceny" which was not defined clearly in the criminal law of our country but really exists in the realistic society so that we have a scientific understanding about it.On the basis of comparing with the relevant theories between foreign countries and ours, studying and using from reference, seeking common ground while reserving difference, we proceeds with crime target and main body of crime in this study, We put forward the elementary advice and ideas that can perfect the crime target of the larceny and main body of crime in our country.
Keywords/Search Tags:larceny, the crime target, main body of crime
PDF Full Text Request
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