A Study On The Determination Of Theft And Related Crimes Boundaries

With the development of economy, crime against property crime has become the most common type of crime in our country at present and multiple, and theft crime is particularly the first. So the old saying that "king of the government, the Mo eager to thieves". Therefore, the academic community of criminal law scholars of crime against property crimes are given enough attention.. In this paper, through the case raises the theory to compare the several crimes, hope this paper will have certain positive effect in judicial practice.Whether in theory or in the practice of criminal law in the process of justice, some with theft have similarities in the aspects of crime as the constitution, the form of expression. Therefore, to distinguish and qualitatively accurate for theft and related crimes, have very important realistic meaning. Because the crime of theft and crime prone to confuse each place, so how to seize the key points of the crime and theft crime similar, is the priority among priorities to distinguish this crime and other crime. For the crime of theft and crime of felling trees unlawfully deadwood, the behavior of how to carry on the accurate qualitative, and when illegal behavior and theft of concurrence, how to distinguish between property and dead wood, is the study of the distinction between theft and crime of felling trees unlawfully starting point. For theft and embezzlement, the two is through the peaceful way to obtain property crime. Therefore, identification of possession is the key to distinguish between ownership this crime and other crime. Share ownership problem, is mainly recognized possession from parallel relationship, packing the master-slave relationship, the entrusted to explain. To expect to be able to distinguish two through this problem can make an accurate determination of the crime. With respect to the crime of theft and fraud, in practice, a lot of theft, fraud crime of theft is often very complex, mixed with fraud, fraud with theft, identification of complicated. The author is different to view the two charges to act of disposition angle. Mainly on the disposition of the victim to discuss, to distinguish the two crime objective. Finally, theory circle has been on how to confirm the controversial public theft. So, for the crime of theft and robbery crime, the behavior person transfer property means is research focus.Multiple and universality of the crime of theft, appear easily and the similarities with other crimes, has always been the focus of research. This paper hope that through research on theft and related crimes, active role in judicial practice.