From The "Ting Xu Case" To See The Subjective Elements Of Theft

Theft is one of the familiar crimes which always make us confused in our legal practice. We have already accumulated lots of research fruits in theory. However, at the present time, some aspects of theft needs more research both in theory and in practice, one of which is the subject aspect of theft. "Xu Ting Case", a typical legal case which led to intense debate pulled our attention to the theft again. With great particularity, the case led to great disputes on whether Xu Ting committed a crime. A lot of new problems also arose. From the subject aspect, whether Xu Ting had the intent of theft and detinue, whether he realized the secrecy and irregularity of his behavior, whether he realized the money he took was controlled by other person, and ect. All those problems need us solve in according to the theory of law and the criminal law theory. This article makes a deep discussion and research on the subject aspect of theft by the methods of case analysis, comparing analysis, literature analysis and conventionally logical method, and hopes to make contribution to the theory research and practice exploration of theft.This article is divided four parts, besides introduction and conclusion.The first part discusses the basic meaning of intent of theft. In the criminal theory of our country, the subject aspect of theft includes intent and purpose. The basic meaning of the intent of theft includes understanding and will, of which understanding is "knowing clearly", "knowing clearly" includes the understanding of the object, the behavior and the amount of a crime. The understanding factor of theft intent requires "yes" in the extent of understanding, that is, the criminal knows clearly that his behavior of filching other person's property secretly is necessarily or probably to bring the result of harming the society. If only the understanding extent of the suspect meets any one of the situations above, he then has the understanding factor of intent. In the aspect of will of theft, from the particularity of secret filching behavior, we know that the subject aspect of the suspect is in pursuit of the harm result, there will be no indulgence in the will of the suspect, he is hoping the occurrence of the harm result, so the subject of the suspect will be direct intent.The second part discusses the intent and purpose of theft. The purpose of theft requires suspect has the purpose of detinue, which is a subject aspect beyond the law and regulations. The purpose and intent are not inclusive relation, they are paratactic and uniform.The third part discusses the wrong understanding and its legal result. The wrong understanding of theft is somewhat typical. The wrong understanding of the suspect when he commits a crime may be divided into the wrong understanding of truth with harm intent and the wrong understanding of truth without harm intent. Different wrong understanding of truth makes a great influence to the evaluation of legal result, different wrong understanding form makes a different evaluation on whether it is a crime.The forth part discusses the intent and possibility of expect. From "Xu Ting Case", we may find the exercises of the theory of possibility of expect. In the legal practice, the possibility of expect should be one of the factors which affects the conviction and measurement of penalty of a theft. This part discusses the possibility of expect of theft from "Xu Ting Case", combined with the knowledge of the author.