The Judicial Cognizance Of Theft Criminal Object

Stealing is more common in judicial practice, the crime of theft, one of China's criminal law made clear, the judicial interpretation on the concrete application of law in the trial of cases of theft is a difficult problem. However, for a long time, the crime of theft problems in China's criminal law theory object debate. Stealing is a kind of property crimes, according to the provisions of the criminal law, the crime of theft is state-private property, it is undoubtedly correct. Actually, this is based on the property ownership of a division of stealing, the composition and without too much influence. Goods attribute definition is stealing criminal object is very important in theory of criminal law, and no specific definition. In fact, about "goods" in the understanding of the concept of Chinese criminal law dispute, GaiMoNengWai, our country criminal law theory on "property" understanding differences exist in. But the crime of theft, only limited to personal object that is not explicitly stipulated by China's criminal legislation, but for China's criminal law theory of most people agree in Chinese criminal law theory, which is basically belongs to. The crime of theft property object must have economic value, disposable, and no other crime is legal for China's criminal law, is also the main theoretical viewpoint. Along with our country socialist market economy and the establishment of the dominant position of the progress of science and technology expands unceasingly, by a single form of ownership rights to complex, the carrier has become increasingly diversified. Traditional theories about the crime of theft object in guiding the emergence of new cases of solving difficult crime theft when facing great challenges, legislative and judicial practice, practice in a long period of time to exist different pattern, therefore, that the object of crime theft and to further updates and theory. Based on the target crime theft problems as the research object, mainly adopts case analysis theory, the research methods, discusses the crime of theft object should have attributes and how this Angle from for theft and then to put forward the theory of criminal object stealing your thinking. This text is divided into three parts:The first part introduces the basic theory of criminal object stealing from our country criminal law educational world respectively, the theory about the theft criminal object to crime and I dispute two aspects were discussed.The second part introduces the connotation and denotation of theft. And on the analysis of the connotation and denotation of criminal object, defining the crime based on the concept of objects, Secondly elaborated target crime.The third part introduces several special crime to my understanding of the object, basically has 3 kinds, one is the real estate, expounds the view that the crime of theft as objects. Second is the fictitious property of network, this section is mainly aimed at current under network environment, the present situation of the fictitious property of network to the crime of theft included, can get the protection of criminal law.With the development of society, some new target crime theft, these new crime in the traditional theory of objects, the impact caused by stealing in the criminal law and practice of calling the crime of theft, strengthen the theory development target for these crimes, regardless of whether the object of study of judicial practice of criminal law theory still has important significance. Finally, due to the influence of bourgeois ideology and even in China's socialist system, in the long historical period, and theft fight crime is still a difficult task.