Research In Problems About The Accomplished Theft

At present, there is a general domestic assertion feeling that stealing refers to the act of stealing; specifically:the felonious taking and removing of personal property with intent to deprive the rightful owner of it. Attempted theft is one of the specified forms of criminal. It refers to the theft that has already begun, but due to the reasons beyond offender, it fails to fulfill the purpose. Theoretical researches often emphasize on theft behavior itself, but further specific researches haven't been done directly for the status and consequence of attempted theft in the Specific Provisions of Criminal Law. Moreover, some researches are still controversial. This paper makes a thorough analysis and interpretation for the relevant problems of attempted theft in our country from three aspects:related theory of attempted theft, cognizance of attempted theft and criminal responsibility of attempted theft.The first part analyzes different theories on the standard of attempted theft and presents the illustration, including contact said, transfer said, conceal said, obtain said, loss said, control and out-of-control said.The second part illustrates the determination standard of attempted theft based on the tangible property for theft and on the special property for theft. By specifically analyzing the attempted burglary, pick pocketing, theft in the shops and theft in some specific regions, these four situations shows the determination of attempted theft based on tangible property. However, as for the theft based on special property, it will be illustrated via the attempted theft to steal intangible energy and securities.The third part of criminal responsibility from the start of the attempted theft, attempted theft is a crime attempted drawn in a specific form, should be held criminally responsible. In terms of the crimes legal principle and the subjective and objective principle of unity, people conducting attempted theft should be given criminal sanctions. Furthermore, the writer gives his own analysis and understanding of "attempted theft should be convicted and punished" which explained by the supreme judicial departments. Objective evaluation have been given for the limitations of list way and doubt of statement. The writer also offers some suggestions on punishment principle of attempted theft and the improvement of judicial explanation.