Theft Study

Thieves and burglars crimes is the first crimnal in our country, however, it seems too simple that the larceny was scripted, the devided deferent understandings about the currminal inpractice, make the deferent judges about a same curriminal behavior. At the same time, with the developemt of the economy, some traditonal values confront the suspations, so the study of the thieves and burglars crimes appears more and more important. This paper put the theory into practice to study about the subjective aspect of thieves and burglars crimes, the amount of the thieves and burglars crimes, the Criminal Attempt and Criminal accomplish, and prescribed punishment towards thieves and burglars crimes .To make the law making of larceny better, to consolidate the deferent understanding, to make the applacation right.The whole paper has three parts:Part one, the subjective aspect of thieves and burglars crime. This part based at subjective content of intent tries to set about from the three items of similar cases and emphasizes different connotations between society harmfulness and illegality awareness. It concludes we generally make society harmfulness as normative element of intent content, so as to set mind on the actual value of the stolen article for the amount stolen when handling the similar cases about cognition mistake. We do not demand whether the conductor is aware of criminal irregularity for his behavior, including the conditions such as taking stealing as occupation or main income sources, is a hardened thief or not, having a general intent for the stolen goods, and so on. For some specific occasions combing the conductor's experience, even a normal rational people will have significant wrong cognition for the value of stolen article. In those cases, we can consider being convicted but free from criminal punishment although the conductor really has no way to know actual value of stolen goods.Part two, the Criminal Attempt and Criminal accomplish. Author simply introduces the theaories in the world, and do some anelesys about the "contraling theaory", and go with the facts, talks about the identifying thieves and burglars crimes Criminal accomplish and Criminal Attempt in details. Part three, the amounts of thieves and burglars crimes. The status issue of the amounts of thieves and burglars crimes for conviction and sentencing is not the same in foreign country's legislation pattern and regulation. In China, the size of the amount of thieves and burglars crimes is fundamental criteria for whether it constitutes a crime. China's criminal law on the crime of theft takes a legislative pattern combing amount and polt. The amount of thieves and burglars crimes has double positions, not only a factor of larceny's constitution, but also a factor affecting the severity of the sentence. Speaking from conviction, the number is one of the important standards distinguishing a crime or not, but it is not the only and absolute standards. Judging from measurement of penalty, the amount also sets an important standard to the level of sentencing, but not a unique and absolute standard neither. The cognizance of the amount of thieves and burglars crimes in special circumstances includes: cognizance of the amount of repeated thieves and burglars crimes; cognizance of the amount of theft after many times; cognizance of the amount of credit card stolen and used; the number calculation problem such as stealing mobile phone and embezzling the telecommunication code number. There is no difference in number calculating whether stealing together or stealing alone. The amount of general thieves and burglars crimes is established disregarding the person number participation in. The identification of responsibility and determining of the penalty extent for each shared offender in stealing should be based on a common theft amount. And then, according to the status and character in common theft, we decide on the applicable penalties for every person.Part four, prescribed punishment towards thieves and burglars crimes. The writer compared and analysed the prescribed punishment towards thieves and burglars crimes implemented in France, German, Japan, Canada, and Taiwan region in China. Based on these discussions, the writer considered that it is more light and humanistic on the punishments in the above countries and regions than in our country. The gradual lightenness of prescribed punishment towards thieves and burglars crimes has become the world tendency. Then the writer made a contrary between the criminal law adopted in 1979 and nowadays and analysed the installment of legislation and the different standards adopted in the range of criminal punishment. At last ,the writer raised the abolition of the death penalty towards thieves and burglars crimes. First, it briefly introduced the conditions on China's death penalty installment, and analysed its two reasons. It is the generally accepted criminal law policy in the world that to abolish or restrict the adoption of death penalty. It also conforms to the global trend to lighten the criminal punishment.Part five, Analysis of Xuting's case.