Study On Basic Theories Of Theft

Being one of the common forms of infringe upon possessions, theft has always caught the attention of the scholars in the criminal jurisprudence. Based on similar researches in the past, the dissertation is intended to conduct a rather thorough research on the basic theories of theft.The legal interest of theft is the most basic problem in theft. Based on different views to comment the theft's interest in home and abroad, the dissertation points out the theft's interest is the right of occupation and the occupation which needs to return to the legitimate state by law except for the occupation which has not legitimate arguments against the people of legal occupation who conducts to return his/her occupation. The theft targets directly pertain to the legal interest, so the dissertation also takes pains to discuss the question which whether special possessions, such as unmovable property, prohibited matter, etc, are theft targets after discussing the character of the theft targets.On the constitution of the crime of theft, the objective aspect of theft is in great detail with act of secret stealing, which is clarified in the dissertation. Generally speaking, to commit theft, the agent or subject has to be human not unit or organization whatever. The dissertation also suggests that the subjective aspect of theft refers to crime deliberation and crime purpose. To perfect it, the author makes a great effort to touch on the cognitive and will factors of crime deliberation, the difference between crime deliberation and crime purpose, and the subject's mistakes in cognition with respect to theft target and stealth, as well as the legal responsibility s/he has to take because of the mistakes.To the patterns of the theft, the dissertation goes on to discuss the unaccomplished offense which goes on to discuss the standards for differing accomplished offense from it and the definition and categories of theft committed with one or more accomplices. Having briefly analyzed the standards for judging accomplished theft, the author makes a more thorough study of "out of controlling view", suggesting that this view is well grounded. The chapter also pays much attention to the features of theft committed with one or more accomplice, its forms, and the responsibility it causes.To hold theft correctly, the author devotes to exploring the issue of crime or crimeless and to distinguish theft from other similar crimes in judicial practice. In the aspect of crime crimeless, the dissertation mains to discuss the issue of using theft, stealth of possessions of one's own family or those of his/her near relatives, appropriation of lost property and illegal taking of possessions of the dead. Meanwhile, the dissertation also discuss the issue to distinguish theft from other similar crimes like fraud, snatch, misappropriation, intentionally destroying possessions and embezzlement.