The Research Of Attempted Theft

Attempted theft problem is an important issue,no matter for criminal law theorists or practitioners,there is a wide range of contentious issues.In criminal law theory,attempted theft issue concerns the distinction between accomplished crime and attempted,the judgment of start of theft and the punishment of the attempted theft and so on.In judicial practice,theft is a frequent crime,the conviction and sentencing are very important for the fight against crime and maintaining social stability.But precisely because the issue involved extensive theoretical debate, there are various words, the practice can not lead to the formation of a unified standard of conviction and sentencing.Therefore, this article attempts to attempted theft of the relevant theories one by one analysis, and hope that on this basis, to provide for the correct handling of the attempted theft of the views of benefit.First,the article starts from the concept of the attempted theft,and uses the connotation of criminal attempt to derive the definition of attempted theft.In this process,the article analysis the implementation of the theft,the start of the theft and the accomplished and attempted problems and puts forward my own views.Then,this paper discusses the existence of attempted theft,which is a premise problem.Only when attempted theft exists,it is necessary to study the scope of the establishment.According to the provisions of the Criminal Code,theft of large amounts of public and private property or multiple theft constitutes a theft.Therefore,the composition of theft is divided into two types:"large amount" type and "multiple theft" type.Correspondingly, the existence of attempted theft also needs to discuss both cases and study respectively.Clarifying the fundamental issues related to attempted theft,the paper focuses on the reasonable qualitative and punishment of the attempted theft.The theory and practice must be combined,because research related to the theory is intended to guide judicial practice and ultimately comes down to the the reasonable qualitative and punishment.However,the solution of the two problems requires that we first understand the legal provisions about attempted theft correctly and rationally.This article has a depth analysis about the related judicial interpretations and local legislation,confirm the reasonable places and propose doubts.About the qualitative of the attempted theft,this paper proposes the following three points:first,"large amount"is not purely objective but rather the unity of subjective and objective;second,attempted theft and accomplished should be with the same amount of standard;third,we should determine the establishment of the theft and then determine the shape.Finally,this paper attempts to explore how to punish the attempted theft,analysis the punishment of the attempted with a huge amount of property as the goal and the punishment of both forms of accomplished and attempted.