The Proposal For The Judicial Determination Standard Of Attempt The Crime Of Theft

Theft is a very common crime. Although it was used to described as "petty theft", because of its multiple and hidden property, and its violation of the others? objects, even the possibility of initiating other criminal acts that may endanger personal safety, it is of great significance that cracking down on theft of crime in accordance with the law, for the maintenance of social order, and the protection of the people's property security and even personal safety. In order to crack down on the crime of theft, the contents of the 264 th article of The Criminal Law of the People's Republic of China has been amended by The Eighth Amendment to the Criminal Law of the People's Republic of China, which brings burglary, carrying weapon theft and pickpocket as theft behavior into the scope of criminal law. Thereafter, in the year 2013, the Supreme People's Court and the Supreme People's Procuratorate promulgating the implementation of The Explanation on Several Issues Concerning the Application of law in the Handling of Criminal Cases of Theft provides a more detailed legal basis for handling cases of the crime of theft.In the theories of criminal law, there are many kinds of theories on the standard of accomplished and attempted theft, and there is not any theory which is perfectly reasonable. In judicial practice, the law and the judicial interpretation did not make specific provisions about the standard of accomplishment. After the identification of attempted theft, the judicial interpretation of the provisions on how to penalize the attempted theft is not applicable. In handling cases of the crime of theft, this leads that it is beset with difficulties to identify theft accomplished or attempted, and how to penalize the attempted theft difficult, The above problems are mainly reflected in the following three aspects: firstly, there are many kinds of theories of how to identify the accomplished and attempted theft, and that which one is relative worthy is in dispute. Secondly, after the enforcement of The Eighth Amendment to the Criminal Law of the People's Republic of China, in theory and practice, the argument about if the thief crime contains acting offense initiated. Thirdly, that the provisions of judicial interpretation about if the criminal liabilities of the attempted theft shall be investigated is of poor applicability.Because the attempted theft should be punished, but also has the attribute of lenient punishment of unaccomplished crime, in order to penalize crime, protect the legitimate rights and interests of the parties, save judicial resources, establish the authority of the law, and realize the justice of the criminal justice, we need to establish a set of standards for attempted theft urgently, and clear whether it should and how to pursue the criminal responsibility of attempted theft.To solve the above problems, first of all, it should be admitted that there is a criminal attempt in the crime of theft, and then start with consequential offense and acting offense, according to the object of theft and the way of stealing, combined the theory of "control theory" and "out of control theory", and establish the standards of attempted theft and investigate the criminal responsibility of attempted theft according to the provisions of the criminal law. According to the specific circumstances, we should clear and definite the conditions of the criminal liability of the attempted theft which should not be investigated. We should uniform the application of law. Finally, to meet the requirements of judicial practice, we should clear the above standards and conditions through the development of the relevant judicial interpretation.