On The Problem Of The Crime Of Theft

The crime of theft has showed multiple trends, is always one of the important crime in the criminal law of our country. The crime of theft is very popular in our criminal law and criminal law. Under the new social background, the development of our country's social and economic development and the new crime object of the crime of theft, it can be seen, through in-depth study of the problem of the crime of theft, and can also be used to produce the problem of the judicial practice. As a kind of property crime, the crime of theft is a crime object of the crime of theft.1950 the "criminal law" and the "criminal law guiding principle" in 1954, the theft of public property and private property, respectively, two kinds of crimes, the 22 draft and the 33 draft will be stolen public and private property merger provisions in the same. The provisions in the "guiding principle" in the draft of criminal law according to the habitual theft of hooliganism sentenced to life imprisonment or the death penalty. The 33 draft regulations on the burglary and theft is a huge amount, imprisonment or the death penalty. In 1979, the criminal law of the crime of theft and fraud and robbery with provisions in the same section, the "large amount" as the constitutive elements of crime, and a habitual theft. In 1981, the decision to punish serious economic crimes, the maximum sentence of the crime of theft by the life imprisonment to improve to the death penalty. 1997 revision of criminal law on the crime of theft made a further modification and improvement: to amend the constitution of crime, in addition to the "large amount" as a crime elements, but also the "multiple theft" as a supplementary element; adjusted the sentencing range, limit the death penalty; removed the crime of theft, robbery from the crime, with a special article.The crime of theft is "more than three" in number, i.e. the number of criminal cases, major cases, many felons. Therefore, the theft of criminal cases, in the entire criminal case, is the first major crime. The theft of criminal cases has always been ranked first. 131634 cases of theft of criminal cases, accounting for 62.84% of property crimes, accounting for 27.72% of the entire criminal case. And from the 2003 national judicial statistics, in the first 10 of the criminal cases, there are four kinds of property crimes, theft, robbery, fraud,robbery. Which theft accounted for the entire criminal case in the first place. Major cases have risen rapidly, and the proportion of major cases in major criminal cases has also occupied the first place. Major theft crimes have become a prominent problem affecting social stability. Moreover, major theft will continue to rise in the short term. The crime of theft of felons in the criminal crime is the largest. The revised criminal law made restrictions on the theft of death, after the entry into force of the implementation of the revised criminal law, the crime of theft of death penalty may be reduced, but because of the crime of theft and sentenced to ten years(including life imprisonment and death penalty crime), is still the most.Thus, the crime of theft, no matter from the total number of crimes, or from the major crime and penalty criminals, are the highest in the entire criminal crime. Therefore, it is believed that the first big crime is the crime of stealing. And that "it increases or decreases, enough to affect the number of cases in china.The increase in the amount of theft is one of the performance. 50 time to the early 80's, theft is generally a few hundred dollars. Thousands of yuan, the case of a thousand dollars rarely occur. To the late 80's, on the case of the last thousand cases, common. In recent years, the huge amount of theft is a big alarming. In recent years, the burglary is rampant, in some places, the first of all types of cases, the target of the crime of theft has also been a huge change in the area and the scope of the expansion. The means of crime are constantly changing, a planned theft crime criminals use modern means of transportation to them in the field of crime, crime, organized premeditated, clear division of labor, some people have leaked, stolen, stolen goods are sold, is a typical crime gang. The main body of the crime of theft has also changed, and the young people are constantly increasing. Generally occur in college students crime, theft accounted for about 70%. In 2004, 9 cases of College Students' crime in years, including 6 cases of theft.The social harmfulness of the crime of theft is very serious. Cause huge losses to the country and people. The harm of the theft is not limited to the direct loss of the stolen property, but also often cause more indirect economic losses, and even immeasurable loss. Such as theft of farmland and water conservancy facilities, power facilities, etc.. Are immeasurable loss, its social harm has been far beyond the stolen property itself. Although the theft itself does not belong to the violence, but when committing the crime of theft was discovered and hunted, theft molecules tend to resist arrest and violence, out of harm or kill others in order to escape. So the crime of theft of violence caused by violent crimes can cause personal injury. Because of the number of the crime of theft, the harm is widespread, causing serious harm to the social order and people's life. As mentioned before, from the number of cases provided by the public security department, the theft of criminal cases accounted for 70% to 80% of the entire public order criminal cases. Thus, the crime of theft is the most serious crime, which is related to each department.Through the study of the problem of the crime of theft, the difficult problem of the special object of the crime of theft is studied. Although the "secret theft" has occupied the position, the scholars of our country hold a positive attitude towards it. In this paper are all made to elaborate. On the legal situation of the crime of theft, the 97 year of our country has adopted the standard of "amount" and "times", and the criminal law amendment(eight) has been improved. The problem of the identification of the crime of theft in the judicial practice has caused the wrong understanding, followed by the study on the problem of the crime of theft, the wrong understanding of the perpetrator, including the understanding of the law and the wrong understanding of the crime. In this article, on the basis of the research on the crime of the crime of the crime of the crime of theft, the paper puts forward some thinking and case analysis. There is theft crime theory in dispute is the problems in the judicial practice, the problem, through this article also makes a point of view analysis. I believe that the control theory is more consistent with the judicial practice of the situation. Can be from the legal provisions of the crime of theft in the difficult problem, to the crime of theft, crime, criminal identification, the application of the penalty applies to all give a full overview. This article through to the crime object, this crime and other crime, the crime number problem, as well as the crime of the legislative perfection of the crime, the combination of case to better explain its difficult problem. Through my thesis can be used to the judicial practice and the law applicable to the theft of difficult problems can be used as an academic research. On the concept of the legal system of the crime of theft. In depth each people's hearts, to reduce the number of crimes of theft prone.