Probe On The Method Of Theft

Theft as an ancient property crime has been highly concerned in the field of criminal law for a long time. This is not just because larceny has heavier social harmfulness, the main reason is that theft behavior with highly complexity and variability itself, just because of these, a bunch of controversies and difficult problems of judicial practice were generated. This paper, drawing on the basis of previous researchers, studied the objective behavior of theft. The paper is divided into three parts.The paper is begin with the introduction of the concepts of larceny, then inspected the related contents of China mainland, Hong Kong, Macao and Taiwan. And then, through the comparison for'secret theft', which is lead up to two different attitudes, namely sure theory and negative said. After checking on foreign situations, the final part of chapter one focused attention on our country's theory of'secret theft', and introduced it in detail.Secret theft is the core characteristics of stealing. It emphasizes subjectivity, specificity and relativity. The popular said upholds that larceny should take'secret theft'as the objective performance. The secrecy in stealing has its own meaning. It refers to that the owner or the keeper is absent or the seizer is failed to notice, under such circumstances the malefactor implement the theft. The secrecy here is just the subjective perception of the malefactor; it only shows that the malefactor intends to take belongings into his own hands secretly. So the conditions that steal in daylight is certainly involved in theft.But observe our real life, we should find out that there are also many steal behaviors are public act.The beginning of the second chapter is the points of scholars who are object to the theory of'secret theft'. In the view of them, the theory deviates from the principle of subjective and objective should be unified. In some cases, it is difficult to justify itself and made itself in the dilemma. Besides, they also think it can not accord with the positioning of theft within the criminal law system.In the end of chapter two, on the basis of predecessors'achievements, this paper proposed some suggestions of me, mainly includes five points:1. It dose not confirm to the principle of legal interest protection that set a limit to the means of theft.2. It is not accord with the sprit of balance of crime and punishment.3. It fails to implement the principle of subjective should be accordance with objective.4. It can not distinguish the crime of forcible seizure and theft.5. It is difficult to deal with the increasingly complex situations.The third part focuses on demonstrating the rationality of that blatantly stealing is contained in the crime of theft. The paper talks about my own opinions from three aspects. They are the theoretic rationality, the object demand of judicial practice and the design of crime type.My knowledge level is limited, so there may be many deficiencies in this paper. But, there is no satiety in study, the learning of theft and other knowledge of criminal law has no limits.