On The Determination Of Theft And Attempt

In Judicial practice, the completion of the theft of the two forms of attempted and related to the theft of social harm the size of the identification of the relationship between the prescription of the prosecution, related to the joint crime is established, a direct impact on the suspects convicted and punished, The quality of the case and the fairness of the judicature are determined by the case. However, there is no consensus among the academic circles on how to determine the accomplishment or attempt. The accomplishment and the attempt of the theft have always been the hotspot of scholars’ discussion. Therefore, it is necessary to discuss it. At the same time in order to achieve the rule of law society, to curb the theft of crime rising, the NPC Standing Committee promulgated the "Criminal Law Amendment (8)", the bill for the completion of the theft of a higher request, in view of the above factors, This paper will be completed and attempted theft of a brief analysis. In this paper, the author analyzes the doctrines related to the subject, including the theory of contact, transfer, control, out of control and control, discussing the pros and cons of each theory, and introducing the case of the author personally involved in the handling of theft and attempted identification. For the purpose of observation, this paper analyzes four typical cases of theft of space, theft of virtual property, theft of motor vehicles and pickpocketing, and analyzes the standard of accomplishment and accomplishment of theft with the method of empirical analysis. The results show that the theory of out-of-control and control has the most rationality in determining the accomplishment and accomplishment of larceny. The theory of out-of-control and control is consistent with the essential characteristics of property crime and the stipulation of accomplishment of crime in criminal law. It correctly reflects the composition theory of theft and can explain the legal characteristics of theft.The text is divided into four parts. The first part is the introduction, introduces the research background, the domestic research situation, the research content, clarifies the research method, and points out the difficulty of studying this subject. In the second part, the legal definition of the theft and the legal status of the theft are discussed, and the controversial issues are raised. Four real cases are the background, three of which are involved in the case in person to discuss the accomplishment and the attempt of the larceny. The Necessity of Accomplishment and Unaccomplished Theft. The third part introduces the main doctrine of the accomplishment of the crime of burglary and the corresponding analysis of the theory. Finally, the legal analysis of the controversial issue in the typical case above. The fourth part is the author’s point of view that conclusions, in-depth analysis and demonstration of the author support the view that the conclusion is reasonable.