Analysis Of Some Issues Of The Crime Of Theft

The theft as a kind of crime against property, receives more attention in a long period among criminal theoretical fields. It is not only because the crime of theft has the serious destructiveness against the social order, but also because the crime of theft is so complex that there are so many disputes both in theory and judicial practice. This article has a thorough research on some disputed issues in subjective and objective components of the theft by consulting the predecessor research results, moreover several kind of new crimes of theft which appeared in the judicial practice has been soluted. The thesis is composed of three parts:In the first part of the thesis, the author analyzed three disputes question in the subjective components of the theft. First, the cognitive elements "know well" is the premise of crime intention, according to the principle of the consistency in subjective and objective components, the cognitive elements in the intention of theft is refers to necessary objective components. It includes the cognition of the act and object. "Steals many times" has nothing to do with the crime intention, so the criminal does not need to cognize"steals many times". Next, the aim of the illicit possession is a necessary subjective element and a psychological attitude intending to deprive other's belongings forever. The criminals occupy other's property is not only for themselves, it may be for others. And we must understand the aim of the illicit possession from the three aspects of permanence, timeliness and convertibility. At the same time, the article also to make a discrimination from " the aim of the illicit possession", "the aim of illicit destruction "and" the aim of the illicit use ". Finally, the mistake of cognition is an important question in subjective components of the theft. The article elaborates emphatically the mistake of the cognition of the object, which includes the existence of the object, the nature of the object and the value of the object.The second part also includes three disputes question in the objective components of the theft. First, " steals secretly " is the essential characteristic in the objective components of the theft. " Steals secretly " has the characteristics of subjectivity, the relativity, timeliness, nonviolence and elimination of voluntaries of the victim. The behaviors of"steals secretly " are different because of the different object of crime. According to the different type of property, such as the personal property, the energy sources and the telecommunication service, the article elaborates emphatically the different behaviors of"steals secretly ". Next, the article has summed up four general characters about the object of theft crime; those are economic value, being controllable, owning or occupying by others and relative prescribing. According to those characters, the article has analyzed two special object of theft crime: the offender's property occupied by others, human body and organ. Finally, the accomplished offense's standard of the crime of theft has close relations with the objectives of theft, the means of the theft, the environment and condition of theft. In the judicial practice, stealing the personal property adopts the standard of "out of control", Stealing the energy sources and the telecommunication service adopts the standard of "the loss "; while stealing the negotiable securities the adopts the standard of"out of control " or "the loss ". The theft amount hao significance to attempted offense of the crime of theft. Attempting to steals big amount property is not guilty only attempting steals huge amount property is guilty. To the coexistence of the accomplished offense and attempted offence of the crime of theft, we must observe the principle that the accomplished offense absorbs the attempted offense or the severe penalty absorbs the light penalty.The third part of the thesis makes a solution to some new type of crime of theft. First, The temporal and illegal use of car with "the aim of the illicit use "is one kind of "use steals", and because the"use steals" have not"the aim of the illicit possession ", it cannot be recognized the crime of theft. But these aims are not contradictory, if the continual behavior has proved that "the aim of the illicit use "has changed to " the aim of the illicit possession ", it should constitute the crime of theft. Next, the network-hypothesized property can be the object of the crime of theft because it has the characteristics of economic value and being controllable. To steal the network hypothesized property is essentially same to the behavior of theft, and it should constitute the crime of theft. Finally, the electronic currency has its unique existence, and stealing the electronic currency may constitute the crime of theft. Under the network environment, Someone stole the electronic currency and have cashed or used constitutes the accomplished offense of theft; Stole the huge amount electronic currency, not yet cashes or use, constitute the attempted offense of theft.