盗窃罪犯罪对象的分析-民商法专业论文.docx

贵州大学硕士研究生学位论文 贵州大学硕士研究生学位论文 II II Summary Larceny crime object research About the larceny crime object, since long, is our country criminal law theorists has one of dispute questions. The domestic and foreign many experts profit from each kind of criminal law theory, and unifies the judicial practice, formed many theories like “to have possibly said that”, “had the character to say”, “the management possibly said” and so on theories. In recent years, the technical high speed development and many kinds of pattern of ownerships transformation, the traditional larceny crime objects theory already could not solve in many judicial practices in difficult cases all sorts of questions, therefore, the larceny crime object recognized the theory needs the further consummation. In the paper first part, the author first contrasted narrated the domestic and foreign larceny legislative evolution, mainly narrated national penal codes and so on France, Japan, Spain, Italy, Britain, Germany, US, former Soviet Union to the larceny related legislation, as well as our country to the larceny legislative evolution, ancient times legislated including China about the larceny related stipulation, mainly narrated Qin Lv, the han code, Sui and Tang dynasties, the Yuan Dynasty, the bright law regarding the larceny legislation, but also introduced Chinese near modern age from the Beiyang warlords government time to 1997 in the penal code legislation about the larceny stipulation. In addition introduced our country steals the crime the present situation and the reason, thus has made the brief introduction from the historical law school of thought and the reality method school of thoughts angle to the larceny. In the paper second part, the author contrasted has proven the domestic and foreign penology theory to the larceny object viewpoint, the overseas criminal law theory had about the larceny crime objects attribute existence possibly said that the utility theory, had the character saying that