Study On Relevant Issues Of The Crime Of Theft

The crime of theft originated from qiedao ,one of the oldest forms of infringing upon possessions in China history. As one of the most occurred crimes in all periods, theft has always caught much attention from scholars in the criminal jurisprudence in China. The stipulations about theft seem relatively simple and inadequate during a time of economy booming and social transition , especially under the situation of frequent occurences of brand-new crimes of theft. Thus there occurs many theoretical and judicial problems from judicial practice owing to the complexity of theft , which harms the authority and integrity of criminal law. Based on similar researches in the past, this thesis is intended to conduct a detailed research on some disputed complex problems in order to enrich the criminal theory and offer a solution to issues arising from judicial practice.This thesis is written combining theory with practice, discussing the relevant issues of theft in depth to put up with author's standpoint and proposing proposals to the improvement and consummation of criminal law. This thesis is composed of four parts.Part one summarizes the lawmaking history of theft at home and abroad, the changes about stipulations of theft with criminal law in People's Republic of China. And the study on relevant issues of theft is carried out initially by means of surveying the lawmaking history of theft.Part two is the core of this thesis and can be devided into six sections. In the first section, the study on theft targets is conducted. The suthor surveys all kinds of theft targets at home and abroad and cases of lawmaking abroad to analysize views of theft targets and draw conclusions about that. The author goes on with some complex issues puzzled by schollars in the criminal jurisprudence and judicial practice. In the second section, the author analysizes the standards for differing accomplished and attempted offences which arouses disputes in theoretical fields at home and abroad, and agrees that"control theory"is well grounded. The third section involves the calculation of theft number. Taking law and relevant interpretations as reference, the common rule of calculation is determined and vavious theft targets, such as regular possessions, special possessions, valued bonds, credit cards,invoices etc., are classified and calculated by their nature. In the fourth section, the author deals with the number of theft and theft for more than one time, setting standards for them. And then, the view of point is provided in order to solve problems in judicial practice. In the fifth section, the author aims at the regional conflicts arising from the standards of theft number in judicial practice and the reason is explored and solution for that is raised. Last section aims at theoretically differing theft from other similar crimes, and it's rather difficult to distinguish theft from other similar crimes sometimes in judicial practice. The author explores the differences between the crimes and offers his own opinions as to how to tell one crime from another in judicial practice.Part three deals with the issue of usage of death penalty. It's been a worldwide trend to restrict and abolish death penalty with the development of society and criminal civilization. As a non-violent crime, the usage of death penalty arouses heated discussion and controversy both in theoretical fields and judicial practice. The author points out clearly that it's practical to abolish the usage of death penalty for theft.Part four deals with such issues as improvement and consummation about lawmaking of theft. In this part, the author aims at inadequacy about the lawmaking of theft to crack down the crime of theft and defend socialist construction as well as upholding the authority and integrity of law.