Discussion On The Object Of Theft Crimes

Justice of the theft crime will play a decisive role in fighting against criminal crime and protecting property rights of the citizens, the state andthe collective effectively.With the continuous rapid development of today's technology, especially the continuing popularity and accelerated replacement rate of computer technology, network technology, all kinds of theft crime and new theft objects emerge in endlessly, means of crime become more secretive, crime behaviours high-teched day by day, unapplicable problems may be encountered at any time when we identify and deal with theft crimes in judicial practice. It is of great significance to improve the crime object-related theory of theft crime for guiding law enforcement, promoting justice and improvinge the quality of case handling in practice.This article starts from the origin of the argument about the theory of crime theft object, namely the victims of crime theft, discuss in detail what social relations should be protected by crime theft. Through the analysis of some comparable influential foreign theory "right in essence", "possession-ism", combined with theories of related domestic experts and scholars related, we obtaine the victims of theft crime is the circulation of the public and private property order.Secondly, by comparing analysis theory of domestic and foreign about the attribute character of theft crime object, we discuss four attributes of theft crime object must own:that is value, legal, can be owned or dominated and be owned by other people. Then we focus on the value attribute of property,as well as five aspects of determining whether an aticle have value attribute.Finally, combine hard cases encountered in judicial practice, this article does detailed researches on the following question:whether or not some subjects which still do not belong to the adjustment scope of criminal laws can be the theft targets.The subjects include virtual property, body organs, lost property, items which do not have objective value but have subjective value, borrowing letter and other property documents, personal things kept by the others and others' things kept in personal hands.