Theft Judicial Determination In A Number Of Problems Study

Theft is a violation of property crime, it has always been the focus of the fight against the criminal, criminal law has been of such concern is not only a long history, but also damaging, with multiple, complex. In theory and practice of Justice , it also has a lot of controversy, through the criminal theoretical field at home and abroad related to the point of view, and learn from predecessors on the basis of research results, author study some difficult problems in the administration of justice of theft , from which the author have opinions on the issue.This article is divided into four parts, main contents are as follows:PartⅠ: the crimal target of theft. I briefly introduce theories of the crimal target of theft from Chinese and foreign countries, and analyze various theorical opinons, combined with Chinese national conditions and historical traditions, I propose that what the basic characteristics of the crimal target of theft should have and explain the identity of difficult crime target in justice practices, such as stealing intangible property,credit card and contraband.PartⅡ: Theft of completed and attempted. The author briefly introduces the standard of attempted and completed crime, and then further briefly introduce theories on completed and attempted theft both Chinese and Foreignor' s. And author evaluate various theories, and then propose opinons on rationality about the out-of-controlling theory as the general standard for judging the theft attempted or not. combined with the practice of justice, author expounds other factors that influence completed and attempted in judicial practice, and discusses the relations between the amount of theft and completed,attempted theft.PartⅢ: cognitional error about theft. The author briefly introduces the concept of cognitional error about theft, and then introduces types of cognitional error about theft, and then dicuss from legal cognitional errors and factual errors. combined with the judicial practice, i explained my own views.PartⅣ: boundaries between theft and theft-related crime. It' s a common problem that theft and theft-related crime are relatively easy to confuse in judicial practice. so it brings more controversy in judicial practice, such as embezzlement, the crime of plunder, fraud, intentional damage to property, robbery, etc. they not only have the same points, but also have essential differences. When concretely discussing the boundaries between them, according to relatively easy confused points in judicial practice, in this article,I put forward my own views and make a comparative full demonstration.