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Research On Several Issues Of Household Theft

Posted on:2015-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2356330422973142Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since ancient times, it was regarded as an infringement of theft of property crimefirst, the theory and practice of popular concern about criminal law circles. Traditionalcriminal law theory and judicial practice are usually the perpetrator of the theftconsidering the amount and terms of objective and subjective elements of the crime,or to identify the number of burglaries to constitute theft.The "Criminal Law Amendment (h)"of May1,2011implementation, on countsof theft made a big correction, the biggest change is that traditional theft of the "largeamount" and "multiple theft "Do not become the essential elements of theft, replacedby several new types of behavior. At the same time, it is precisely because ofamendments to the legislation, making the theft once again become the focus of thetheory and practice of debate. Become a type of home theft larceny, but also due tochanges in its own nature, and become the object of theorists and practitionersfocused discussion. Therefore I believe that really necessary amendments to the homeafter the theft re-interpretation. This paper is divided into three parts, a total of morethan30,000words.The first part is an overview of burglary. The author comments on the first pointof burglaries in the "family", and put forward their own to "households"understanding; followed by elaborate on the relationship,"home" and "theft" of thattheft is the illegal entry into the home family life for others, theft by the outsiderelative isolation residence embodiment; finally burglary behavior characteristics areanalyzed for the purpose of the nature of burglary basic understanding.The second part of the article is to discriminate against burglary protection oflegal interests. I first judicial practice by typical case appears to reflect the protectionof legal interests due to changes caused by the criminal legislation. And focuses onthe benefits of home theft protection law changes and the reasons for the focus anddraw their legal interests protected interests focus remains the property of the citizensof this conclusion, and as a basis for further research related burglaries involvingcriminal law theoretical issues. The third part is the main burglaries involved in crime patterns.The authoranalyzes the burglary "working" on when to further investigate the attempted burglaryconsummated form, and that the existence of an attempted home form, should bebased on the results from the theoretical value of the property worthless strictdistinction between burglary Accomplished and attempted; secondly focuses on thetype of home theft crimes, and the results obtained are guilty of burglary conclusions;Finally burglary suspension forms are described, and that the presence of thepreparatory stages of burglary suspend the implementation of abort stage other forms.
Keywords/Search Tags:Burglary, Legal interest, Commence, Patterns of crime
PDF Full Text Request
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