《蒙古—卫拉特法典》中的盗窃罪及处罚研究
发布时间：2019-02-14 17:48
【摘要】：近年来对《蒙古—卫拉特法典》的研究虽取得了一定成就,但是对《蒙古—卫拉特法典》(以下简称《法典》)中盗窃罪的系统研究成果并不多见。鉴于此,笔者试图从刑法学及法律史视角对此进行研究,尝试以点带面,来还原十七世纪的蒙古法制面貌,展现游牧民族的法制文化与法律文明,并藉此为完善《法典》中有关财产犯罪特别是盗窃罪的研究略尽绵薄之力。 本文主要由绪论、对《法典》盗窃罪概述以及刑罚裁量、特点和价值评析等部分组成。本论文主要研究了《法典》特别是有关盗窃罪相关问题,从法典盗窃罪条文内容进行分析,在对国外与国内的研究现状进行了综述。主要内容及观点如下：一是对《法典》中有关盗窃罪进行概述,并对其产生的各方面原因及犯罪构成等进行了评述,从盗窃罪概念界定入手,尝试还原明末清初时期蒙古各部落社会中盗窃罪的犯罪构成、犯罪形态；二是结合刑法学知识对《法典》中有关盗窃罪的犯罪问题进行了阐述,尝试从当时社会背景来解析法典中盗窃罪的刑罚裁量制度、刑罚体系及执行；三是在分析总结了《法典》及盗窃罪特点,提出封建性与军事联盟性、全面继承古代蒙古习惯法、普遍采用罚畜刑的人道化、文明化的刑罚处罚体系等观点；四是从刑法功能、法律调控及法律价值视角来对《法典》中有关盗窃处罚等问题进行了价值评析。
[Abstract]:Although some achievements have been made in the study of Mongolia-Eilat Code in recent years, the systematic research results of theft in Mongolia-Eilat Code (hereinafter referred to as "Code") are rare. In view of this, the author tries to study this from the angle of criminal law and legal history, trying to restore the legal outlook of Mongolia in the 17th century and to show the nomadic legal culture and legal civilization. In order to perfect the property crime, especially the theft in the Code. This paper is mainly composed of introduction, summary of theft, penalty discretion, characteristics and value evaluation. This paper mainly studies the relevant problems of the Code, especially about the crime of larceny, analyzes the contents of the articles on the crime of larceny in the code, and summarizes the present situation of the research abroad and at home. The main contents and viewpoints are as follows: first, the author summarizes the crime of larceny in the Code, and comments on the reasons and the constitution of the crime, starting with the definition of the concept of the crime of larceny. Trying to restore the criminal constitution and criminal form of theft in Mongolian tribal society in the late Ming and early Qing dynasties; The second is to expound the crime of larceny in the Code of Criminal Law with the knowledge of criminal law, and try to analyze the penalty discretion system, penalty system and execution of larceny in the Code from the social background at that time. The third is to analyze and summarize the characteristics of the Code and theft, put forward the feudal and military alliance, inherit the ancient Mongolian customary law in an all-round way, generally adopt the humane punishment of livestock punishment, civilized penalty system and other points of view; Fourth, the author evaluates the penalty of theft in the Code from the angle of criminal law function, legal regulation and legal value.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D931.1;DD914
，
本文编号：2422449
[Abstract]:Although some achievements have been made in the study of Mongolia-Eilat Code in recent years, the systematic research results of theft in Mongolia-Eilat Code (hereinafter referred to as "Code") are rare. In view of this, the author tries to study this from the angle of criminal law and legal history, trying to restore the legal outlook of Mongolia in the 17th century and to show the nomadic legal culture and legal civilization. In order to perfect the property crime, especially the theft in the Code. This paper is mainly composed of introduction, summary of theft, penalty discretion, characteristics and value evaluation. This paper mainly studies the relevant problems of the Code, especially about the crime of larceny, analyzes the contents of the articles on the crime of larceny in the code, and summarizes the present situation of the research abroad and at home. The main contents and viewpoints are as follows: first, the author summarizes the crime of larceny in the Code, and comments on the reasons and the constitution of the crime, starting with the definition of the concept of the crime of larceny. Trying to restore the criminal constitution and criminal form of theft in Mongolian tribal society in the late Ming and early Qing dynasties; The second is to expound the crime of larceny in the Code of Criminal Law with the knowledge of criminal law, and try to analyze the penalty discretion system, penalty system and execution of larceny in the Code from the social background at that time. The third is to analyze and summarize the characteristics of the Code and theft, put forward the feudal and military alliance, inherit the ancient Mongolian customary law in an all-round way, generally adopt the humane punishment of livestock punishment, civilized penalty system and other points of view; Fourth, the author evaluates the penalty of theft in the Code from the angle of criminal law function, legal regulation and legal value.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D931.1;DD914
，
本文编号：2422449
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2422449.html
