Ai's Theft Research

This thesis is about the Ai's theft case,which is intended to discuss if the criminal suspects' misdemeanour constitute larceny or embezzlement.If not,this thesis argues that the actor in the case is innocent.After a comparative of the doctrine of theft-in-secret and the doctrine of theft-in-moderate,this thesis holds the view that the former doctrine should be taken as the standard to judge if the actor constituted theft.Comply with the doctrine,the suspects' misdemeanour shouldn't be evaluated as theft.The suspect doesn't constitute larceny.After the comparing,this thesis deems that the oblivious goods in the context of the criminal law,as the object of crime of embezzling,has the same extension as the lost property has in the context of the civil law.In criminal law,the embedded goods should be evaluated as it is in the civil law generally,which contains the embedded goods,in the narrow sense,and the concealed goods.After the distinguishing between oblivious the goods and the embedded goods,this thesis makes it clear,through the study of the suspects' misdemeanour,that the object of the suspects' misdemeanour is embedded goods and the suspects might constitute the crime of embezzling the embedded goods.During the progress of studying the factors involved in the case,this thesis thinks it is needed to make a distinguish between crime of embezzling the goods out of possession,which would be propitious to deal with the similar cases correctly in practice.Based on the studying of the case,the thesis holds the view that the differences are the misdemeanour and the legal intrests between the crime of embezzling the goods out of possession and larceny.