Theft A Number Of Issues To Study

The theft, a common crime against property, has received more attention during a long period in criminal theoretical fields. Due to the high frequency, extensive criminal objects and diversiform means of theft, there are many disputes both in theory and judicial practice.The first part of this paper concentrates on the verification of criminal objects in theft. Through the scrutiny and integration of current theories at home and abroad , four basic characteristics of criminal objects are proposed: may have occupied, others are being occupied, with an economic value and not excluded by law .In this paper, several specific cases including prohibited goods, virtual property, telecommunication services and real estate, are analysized.The second part studied the key elements of objective fact for theft such as the means, the amount and number. The way of "secret steal" existed in traditional theory was oppugned. It was considered an objective means of theft should not be limited to "secret steal" but extend to illegal possession flagrant of the property of others in order to occupying. The later acts should also get theft convicted and punished. The cognizance of the amount of collective part and repeated part in theft, the relationship of serious large amount cases and many times theft, and so on problems were also discussed in this paper.On the third part, there are some controversial issues to discuss. With the recent "Xu Ting" case, the author analysizes the Penal Code applicable to financial institutions, demonstrates the shortcomings of penalty settings, and presents two proposals in the views of judicial application and legislative perfection. Besides, this paper explores the use of common theft, and shows that the user of theft who has occupied illegally and purposely can be included in the scope of theft.