On The Subject Of Judicial Expansion Theft

With the development of economy and society, the property consists of a single manifestation becomes complicated about theft of objects presented expansion trend in judicial practice, the object of the crime of theft boundaries become blurred, full of controversy. In the case of the traditional theory can not give a reasonable explanation, the new theory can not form a unified consensus, this paper takes the perspective of the judicial expansion of the theft of objects studied. In this paper, the object of judicial expansion of the main line of theft, larceny object through the judicial status of the expansion, as well as the reasons for the expansion of the meaning of justice, judicial recognition of positive significance expansion phenomenon exists. Binding decisions of the Court of Justice practice real estate, property interests and virtual property theft can become an object and to theory. We affirm the value of the expansion of judicial legislation while also improving the object of theft crimes, during the relevant legislative gaps, we can strengthen the judicial interpretation and judicial precedents to guide better treatment of judicial expansion situation. This paper argues that the scope of theft of property rights protection and civil objects are the same, which includes property and debt. Real estate and property belonging to the virtual property, so it can become the object of theft Property interests are echoes of the concept of debt, can also become the object of theft. In this paper, the object of criminal justice expansion Theft start on the perspective of the practice in response to the need to promote legislation to improve. This paper is divided into four parts:The first part," property " concept introduces the basic theory of the crime of theft object, the object of civil and criminal practice of theft, criminal law through the concept of systematic legal guidance can refer to civil, criminal chapters were not clearly defined in the next Modesty and criminal law that the scope of property and civil law property rights, including property rights and claims as that. Of " property " border Theft object is to divide the article below and immovable property interests, virtual property has a connotation of debt as property theft can become the theoretical basis of the object. In judicial practice, in order to more accurately identify objects stolen items belong larceny theft needs to analyze the basic properties of the object, that is, economic attributes, physical attributes and legal property. Theft is a property crime, the economy is the first part of property theft object, economic development, property diversity makes the subjective value of the property has also become the object of theft Therefore, as long as they can become valuable Theft object contains both subjective value also includes an objective value. The second part refers to the expansion of the judicial administration of justice is rendered legal provisions expanding the scope of regulation of the phenomenon, the most common manifestation is no specific legislative provisions, abstract apparent expansion. Different levels of courts exist in different parts of the judicial expansion of the phenomenon. In judicial practice, the referee estate, property interests as well as the existence of virtual property can be a case of theft of objects, indicating an expansion of the judicial status quo. Since then expands against property, property interests, such as new virtual property property violations rampant and inadequate legal protection spawned judicial expansion. We acknowledge the existence of judicial expansion, expansion and believe justice has some positive significance, meaning that judicial expansion of the positive performance of judicial activism, criminal reasonable explanation expansion positive performance. To make up for lack of legislation, which will help to maximize justice cases, the accumulation of legislative and judicial experience.The third part, the object of judicial expansion for larceny theoretical analysis, this section analyzes the judicial practice of real estate, property interests and virtual property theft can become a reason to object. Theft object "property" on the civil law concept of "substance" consistent conceptual categories, including real estate, existing law does not specify immovable object does not belong to theft, larceny objects do respond expanded explanation, real estate can be a target of theft. Property interests is the meaning of the concept of debt echoes, also claims the scope of property rights, the property interests can become the object of theft. Theft of objects need to have value attributes, physical attributes and legal property, the general characteristics of virtual property by property and belongings were compared that virtual property theft crime can become an object.The fourth part, the object of the crime of theft against judicial expansion of the situation, in order to meet the needs of judicial practice, we recommend clarifying and systematic theft of legislation on the subject. Learn from foreign experience for theft legislation to establish a special chapter on legislation concerning theft of an object to make detailed provisions. However, the legislation is a lengthy process, to respond to new cases, the direct approach is to strengthen the new changes in the judicial interpretation and strengthen Theft Theft object object jurisprudence guidance.