Study On Criminalization Of Non-duty Using Theft Act

As a new kind of act with the meaning of infringement on property right but not prescribed in Criminal Law, non-duty using theft has become a hot topic in the field of criminal law study in the recent years. The appearance of the phenomenon is not only because non-duty using theft itself will cause serious damage to social order but also because the kind of act is very complicate and has brought about many theoretical and judicial problems. The writer has made a systematical and farther research on a series of basic questions related to non-duty using theft act on the basis of citing others` research fruits in the essay. The whole thesis is divided into four parts.Some basic questions related to non-duty using theft act have been roughly talked about in the first part. Concretely speaking, the 1st part makes a new definition of using theft after making comparison with the concept of using theft figured out by previous scholars, and then the writer makes farther analysis of the definition, features and objects of non-duty using theft.The author analyzes the justifiability of criminalization of non-duty using theft act. Concretely speaking, the 2nd part mainly analyzes the justifiability of criminalization of non-duty using theft act on the basis of analyzing the basis of prevention and retaliation of non-duty using theft and the relationship between criminalization of non-duty using theft and the modesty of criminal law.Part 3 mainly discusses the definition of non-duty using theft act. The author compares and studies the different opinions about the definition of non-duty using theft act in the domestic and foreign legislation, judicial practice and theoretical field at first. Through above-mentioned analysis, the author doesn't think the act of non-duty using theft should be judged as crime of theft but set up crime of non-duty using theft by learning from foreign countries` legislation.In the fourth part, the author makes a legislative proposal: adding crime of non-duty using theft. The part eventually makes a conclusion by means of analysis and probing in the previous three chapters: we should learn from foreign legislation experience and law rules and add a new crime-----non-duty using theft. At last, the part also analyzes the necessity of adding crime of non-duty using theft and the design of its` content lines and legal penalty.The thesis further enriches theoretical research on non-duty using theft, which is very useful to attack crime, defend public and private property, forward social development, improve our nation's criminal legislation and direct judicial practice and help carry principle of criminal penalty by law into full force.