A Study On Some Issues Of Legislation Of The Crime Of Theft In China

Theft is a common criminal violation of property rights. With the rapid development of economy and society, a series of legislative defect of the theft have been presented, such as the natural subject of crime provided only, the provisions of age of criminal responsibility is high, the provisions of the object of the crime unscientific, criminal provisions of the narrow target, criminal behavior need to be expanded, and statutory sentence unreasonable. As a wide-ranging implication on the daily life of a crime, theft should be to improve the relevant legislation in order to adapt to new social conditions.Based on the above background, the author combines a number of specific cases, firstly, carried out an analysis of the science of criminal law, then discussed and evaluated the current status of theft legislation, finally put forward a series of improvement and preferment legislation envisage. The full text of a total of about 3 million words, divided into the following sections:"Introduction" section, listed a series of new criminal cases for theft, point out that theft in China made a number of problems in the legislation: if unit can become the main body of the theft; how about minors under the age of 14-year-old person; stealing other people's legitimate or illegal possession of property, whether the theft can also be set; when the real estate, intangible property, virtual property was stolen, how to protect?Chapter one for a general discussion of the theft, after a brief analysis of the theft of the nature and constitutive elements of a crime, separately from the application of principle of equality for all, the social harm of crime, the purpose of crime prevention, as well as the victims of theft to start some analysis of the science of criminal law.Chapter two analyzed the status quo of our theft legislation, mainly from the subject of crime, the object, behavior, sentence, to an analysis of the deficiencies of current legislation. The subject of crime is limited to natural person and excluded from unit; the provision of minor's age requirement for high; scope of the definition of crime is too narrow, making some owner of new property due to the lack of adequate legal basis for the right to find it difficult to advocate; one-sided prescription of behavior, such as "repeated theft" that it is difficult to set up a clear standard; the existence of the death penalty, contrary to the principle of responsibility in line sentence. Chapter three talked about the theft made the aforementioned shortcomings of the legislation put forward the reform and improvement of the corresponding views. On the subject of crime, author advocated an increase in the unit, and appropriate to reduce the minimum age of criminal responsibility of minors. About target of crime, the authors suggest that should be reasonable definition of the object of the crime by a list of specific property types, so that the new arising property can included in the scope of the target crime. On forms of behavior, the author found that the standard of theft needed to be clearly defined. Finally, on Sentence settings, author advocated for the abolition of the death penalty set, and different specific circumstances of the inchoate crimes will be treated differently, rather than the machinery of criminal law will be applied to be punished. At last, on the relatives of theft, the author proposes the introduction of no-trial-without-complaint system will put into the lawsuit.