文档介绍：Abstract
The theft,mon crime against property,has received more attention during a long period in criminal theoretical to the high frequency,extensive criminal objects and diversiform means of theft,there are many disputes both in theory and judicial practice.
The first part of this paper concentrates on the verification of criminal objects in the scrutiny and integration of current theories at home and abroad, four basic characteristics of criminal objects are proposed:may have occupied,others are being occupied,with an economic value and not excluded by this paper, several specific cases including prohibited goods,virtual property,munication services and real estate,are analysized.
The second part studied the key elements of objective fact for theft such as the
means,the amount and way of“secret steal’’existed in traditional theory was was considered an objective means of theft should not be limited to ‘‘secret steal’’but extend to illegal possession flagrant of the property of others in
order to later acts should also get theft convicted and
cognizance of the amount of collective part and repeated part in theft,the relationship of serious large amount cases and many times theft,and SO on problems were also discussed in this paper.
On the third part,there are some controversial issues to the recent ”Xu Ting”case,the author analysizes the Penal Code applicable to financial institutions,demonstrates the ings of penalty settings,and presents two proposals in the views ofjudicial application and legislative ,this paper explores the use mon theft,and shows that the USer of theft who has occupied illegally and purposely can be included in the scope of theft.
Keywords:The crime of thefl the object of thefl Steals secretly ”Xu Ting”case
n
学位论文独创性声明本人郑重声明: l、坚持以“求实、创新”的科学精神从事研究工作。
2、本论文是我个人在导师指导下进行的研究工作和取得的研究成
果。
3、本论文中除引文外,所有实验、数据和有关材料均是真实的。
4、本论文