Judicial Determination Of Attempted Theft

Based on the<2013 judicial interpretation>,this paper studies the problem of attempted crime of ordinary(amount)type,special type and other special theft objects on the basis of the macro grasp of the attempted theft,looks forward to clarify the judicial practice of various types of attempted theft of the idea of attempted.In this paper,from the macro,the overall research,and then the specific combination of different types of existing problems in-depth analysis.The common crimes in the implementation of the criminal law--the basic point of the theft crime,according to the type is divided into ordinary(amount)type of theft,special type of theft and other special theft object type of theft,analysis of whether these three types of theft have attempted form,the form of the attempted form of the conditions and other issues.This article mainly uses the theory analysis method,the induction research method,the case analysis method to carry on the type research to the question which exists in the judicial determination.The thesis is divided into four parts:The first part of the overall grasp of the basic theory of attempted theft.A brief analysis of the constitutive elements of the attempted crime of theft is to lay a theoretical foundation for the following research and discussion;Then through the comparative analysis of the mainstream theory about the standard of attempted theft in the domestic and foreign theoretical circles.Based on the understanding of the views of the parties,to grasp the research direction,advocate accomplished larceny attempted to "control" standard should be more appropriate.The second part is to discuss the ordinary(amount)of the attempted theft of the problem.Through the thinking of the problems encountered in the judicial practice,and then combined with the case in the case of the real case for analysis,judge whether there is attempted form is established on the basis of the identification of the crime of theft.In order to contribute to the study,this part is divided into a larger,(special)huge theft of two cases.The third part is the four special types of theft--multiple theft,burglary,carrying weapons theft and pickpocketing attempted problems are discussed,First,clear the four types of special crime not offense of act but consequential offense,whether also has completed and uncompleted state.Then combined with the actual case of the problem respectively,which are four special kinds of theft behavior encountered in the judicial determination of the crime and noncrime,criminal attempt,carry out analysis and discussion.When emphasizing on how to judge the special attempted theft,is still in order to control as the standard,specific analysis of specific cases,overall consideration the way in which people who act of larceny,Surrounding environment,circumstances of the stolen property,the space and other factors,comprehensive study to determine the "commence " to implement the theft and the "control" of the property of the point of time.The fourth part is the discussion about the attempted theft of the special property.The author believes that to control as the standard,determined by the electrical energy,the right certificate,the online virtual assets,and other special property as the object of theft accomplished and attempted is more scientific and reasonable.Theft of power energy,the key is to identify the specific analysis of the control power of the time node,the ownership of the power of electricity,the cost of payment methods,etc.;Theft of title certificate,first is to clear the stolen rights certificate is registered or bearer,is lost or can not report the loss,can judge evaluation implementation of theft people what time "control" of the right content;When the theft of network virtual property,virtual property is still in the control of doer is accomplished larceny.