Some Issues Of Theft Objective Elements

The objective elements of larceny have always been a hot issue of the criminal law circle, because the theft behavior is unpredictable. This paper points out that real estate, net virtual property should be included in the scope of the theft crimes objects. What the theft of real estate infringes is not the possessive relation with real estate, but the occupation relation and the economic benefits for the occupation of real estate; net virtual property is seemingly invisible, but the economic benefits behind it is tangible, the theft of net virtual property will also cause damage to property rights. In regard to the characteristics of the theft, I believe that theft behaviors should not be limited to secret theft, for the current theory which proposes secret theft can not explain the blatant acts of theft in reality, and "peaceful means theory" will be more correspond to the practical needs. Some special forms of theft such as "stealthy substitution, lure the tiger down the mountain, shoplifting and pick pocketing" are explained by old and new doctrine, which can make the advantages of new theory more obvious. The amount and frequency is crucial to the establishment of standards for theft conviction. In accordance with the provisions of the Criminal Law in China, both large amount and multiple theft are independent situation of the establishment of theft, but in this paper the amount and frequency are not absolutely independent standards, because in judicial practice, there still exist some cases which reach the standard of amount but can not be established as theft because of minor offences. In addition, I believe that the total amount of many-time theft should still be relatively large, if only the frequency is taken as standards of theft conviction, irrespective of the amount, the nature of crime of property will be not true in reality. The new Criminal Law Amendment states that the three situations--indoor theft, weapon-carrying theft and pick pocketing are three kinds of establishment of theft, which means that establishing three conditions as theft do not require the amount and frequency. But this paper argues that indoor theft, weapon-carrying theft and pick-pocketing do require the amount.