The Analysis Of The Limits Of The Crime Of Theft And Robbery

The crime of theft and snatch is the practice in most common two kinds of crimes of infringing property type, due to in to pick up a wallet case, borrow the phone case, pretend shopping take money, such as the case of new cases, resulting in two crimes in the behavior standard of distinguishing is not very clear, appeared similar to the facts of the case but the verdict of the case. This will lead to a new discussion of theory and judicial practice of the distinction for two crimes. In particular, Professor Zhang Mingkai successively put forward "theft is not limited to steal secrets" and "theft can also be used for mild violence" advocates, breaking the theory that distinguish the two boundaries of the traditional view, secrecy and publicity. At the same time, 2013 April 2, Supreme People’s court and the Supreme People’s Procuratorate "on some issues of applicable law in cases of theft of interpretation of" the introduction, there is no use in 1998 judicial interpretation for the cognizance of the crime of theft namely "to the illegal possession for the purpose of secretly steal public and private property, expressed in large amounts, practice shows that the judicial practice of larceny is not limited to the secret steal" the theory of the tendency of. But the subtle change of legislation does not solve the complex interwoven problems of the two kinds of criminal behavior, which is still controversial and difficult to be unified in the process of dealing with the typical cases.The author takes the typical cases in practice as the breakthrough point, and systematically expounds the theoretical ideas about the boundary of the crime of theft and robbery. At the same time, the methods of comparative analysis, visit the two major countries, especially Germany, Japan and other countries（regions） and Chinese Taiwan, Britain, the United States and other countries（regions） for theft and robbery world standard legal provisions and judicial practice, that "secret steal" and not two legal systems have pursued the main flow theory.In the discussion of the criminal law of the People’s Republic of China on the new, the old boundary in academic circles the theoretical and practical basis, and their theory with the actual effect of the defects, the author draws shall adopt the "modified flat and steal", namely "flat and take a financial behavior is theft, strength to take a financial behavior is to snatch" standard. The author thinks that this viewpoint can achieve self consistent theory, but also conducive to the practice of effective against special type of crime, is in line with the processing path of China’s current criminal judicial practice.