A New Interpretation Of The Objective Aspects Of Theft Behavior

Theft is an ancient Offences against Property, because of its heavy social harm, has longbeen much closer attention to domestic criminal law field. Meanwhile, the theft of behaviorare often extremely complex and have a variety, diversity and complexity along with the rapiddevelopment of China’s social and economic life and civil society increasingly rendered, theftlegislation and practice in many other aspects of society but also because behind increasinglyrevealed some shortcomings and deficiencies. Because of this, our theory has generated alarge range around the theft of the body, the age of criminal responsibility, criminal targetrange, behavior considered controversial punishment to set up other aspects of the problem.As a crime has a broad impact on daily life, theft deserve to adapt to the new legislation toimprove social conditions.This article is only trying to analyze the behavior of the theft, I believe that in addition tosecret theft behavior, blatant theft should also be one of the theft of behavior identified. Dueto the current status in the country is saying is advocated through the objective aspect oflarceny of property owners must be imperceptible to the secret means to obtain property is anecessary prerequisite, but the proper meaning secret theft, and this view is also China’sCriminal Law of the constituent elements of the crime of theft on the meaning of thelegislation, which is trying to promote a blatant theft should also be recognized as theft claimsincreased the difficulty and the establishment of obstacles. In this paper, the secrecy of foreigncriminal legislation and openly compare and research of controversial provisions relating totheft objective aspect, sharp pointed out the objective aspect of the theft is limited to stealsecrets limitations, and then put forward a constructive openly introduced the idea of larcenytheft.This thesis consists of four parts, the first part of the article is the introductionsummarizes the article discusses the status of the research topics of study, researchsignificance, research methods and innovations in this article might like.The second part of this paper is to present our point of view through said objectiveposition that theft behavior is limited to steal secrets interpret this view, the main essence of theft from the behavior that is dominant on the property to exclude others, to create a newfinancial control relationship, the victim did not make the behavior dispose of property, doesnot have the "violent, coercive"; qualitative characteristics and secret theft Theft "secret" and"steal" behavior that actors subjective, behavioral objects analyze the relative behavior of thetime limit, etc., in order to come to pass, said the next part of the defect and theoreticalperspectives dispute foreshadowed.The third part elaborates traditional Tong said the theft of behavior is limited to steal theidea secret defects and deficiencies in the theory and practice of traditional theoretical defectsmainly identified through said objective and subjective elements makes theft conflictingdefect reflected in the practical aspects of multi-view through said type of cases will lead tousurpation of judicial practice of conviction vague. This section briefly describes the currentand further affirmation of the existence of negative to say and say the two views.The last part of the article boldly put forward will be "peaceful means blatantly stealing"behavior suggested the introduction of creative acts of theft and objective way, and elaboratedon the introduction of the blatant theft Theft reasonable place on its theory and practice, thisinitiative more fit foreign theft-related behavior through said provisions and property Crime infavor of a clear standard of conviction, will greatly make up for the pass, said the objectiveand subjective elements of contradiction this shortfall. Finally, the article means a calmmanner blatant theft carried out a detailed interpretation.