Research On Act To Execute The Crime Of Theft

The executive conduct theory not only is a controversial problem, but also practicespowerful theoretical guidance in Chinese cirminal law ifeld. For thetf cirme, it is complex toidentiyf whether it belongs to executive conduct, and it is unavoidable for conviction andsentencing. Therefore, this dissertation tends to ifnd the idiographic and direct identificationof standards for executive conduct of cirminal behavior, based on the combination ofsystematize related theoires at home and abroad, and the analysis of the theft cirminalbehavior.The article consists of five parts, a total of33，996characters.First of all, this dissertation touches its signification and characteirstics, specially theinternal characteirstics and external characteirstics of the executive conduct in cirminal law.Furthermore, this dissertation studies the related theoires on executive conduct from threeperspectives: mainland law system, Birtish, American and French law system and Chinesecirminal law field; in detail，it compares and contrasts the main ideas and their pros and consof each doctirne, and present my own points.Atfer then，this dissertation will introduce the analysis of executive conduct theory ofthetf cirminal behaviors in detail. It mainly divided the previously mentioned and relevantexecutive conduct theoires at home and abroad into three classifications: subjective typetheory, objective type theory and both objective and subjective theoires. Moreover, it willpractice these three types of theories into the specific thetf cirminal behaviors, to discuss andanalyze the inadequacies in practice.Through the analysis of the object of the thetf cirmes and other objective factors’identified impacts on executive conduct, this paper argues that the nature of thetf cirme is aviolation of the ownership; then，the identification of executive conduct should connect toprotection areas of the ownership irght. Therefore, this dissertation attempts with ambition tointroduce the concept of possession in the civil law, to set the occupying idea protection forthe boundaries as a yardstick to measure the starting point of the thetf crimes. In biref,invasive tenure range is the executive conduct in thetf cirme. For the range of occupying ideaprotection, it is wise to combine the general rules of civil law and the specific cases for furtherspecific analysis. This article initially divides these into two categoires, the invasion theft and the inner caused thetf. Finally, this paper will combine the concepts with a vairety ofexecutive conduct in thetf cirme in the Cirminal Law Amendment (VIII)，to discuss theindentation of executive conduct under a variety of situations.