Research On The Problem Of Theft

Larceny in real life,is a kind of high hairstyle crime and relatively speaking is a relatively old crime.The continuous improvement of the legislation technology,have introduced some judicial interpretations and legislative interpretation about theft,and formed a certain pattern,also reflects the judicial practice and theoretical circle for this sin.Theft occurred frequently in our daily life,not only violated citizen's property security,for citizens' personal safety also pose a danger to a certain extent,in judicial practice,at the same time around the court when you meet the problems about the theft of judgment,which is broken unjust phenomenon occurs frequently,which not only makes the litigant's legitimate rights and interests are violated and is unfavorable to the unity of the judicial system in our country,so the study of problems about theft has the vital significance and value.The theoretical circle of criminal law there are many problems about the theft,mainly from the theft of specific recognition of subject and subjective factor,objective behavior of the concrete determination,theft crime object controversial problems and the accomplished and attempted theft of research and analysis.A specific definition of larceny subject and subjective elements,units,such as whether be theft crime subject and the criminal responsibility age of the subject about the theft problem,at the same time larceny subjective aspect,for the purpose of illegal possession of identifying the content on purpose of theft has the certain difficulty.In the concrete determination of larceny objective behavior,for general theft,secret stealing is defined as well as special theft,the new way of several kinds of theft,there exist some problems.In the object of crime of theft,about real estate,network virtual property,contraband,and human organs can be the object of crime of larceny exist certain theoretical controversy,different scholars put forward different also for this problem.In terms of the accomplished and attempted theft different scholars put forward different theories on this issue,the debate on this issue has been debated,because the theft of the accomplished and attempted problems also exist some problems.First explicitly put forward the problems about theft,and then for the existence of the problems is,the essay discusses the value and significance of how to explain to the necessity of solving.Finally,for the existing problems in different theory viewpoint carries on the analysis comparison,and according to the theory of criminal law exists many theories and relevant punishment law principle of sorting,thus draw their own views and solutions.Units can be theft crime subject for the solution of the problem,according to the relevant provisions of our country criminal law not only according to the theory of different academic views were analyzed at the same time,namely must DingShui said or not.In terms of theft of criminal responsibility age,for is full already 14 years old and under the age of 16,after the theft,violence,whether into robbery,scholars have different point of view,and I think for the protection of minors,should not be regarded as robbery.In the subjective aspect of theft,for the purpose of illegal possession of,there are different theories,through the analysis of various theories,said the purpose of illegal possession,become a mainstream theories of criminal legislation and judicial practice in our country.However,the content of the purpose of theft is analyzed mainly from two aspects: cognition factor and will factor.The perpetrator of the burglary has the general theft behavior and the special theft behavior in the objective manner,so as to have a comprehensive understanding of the theft behavior.In the cognizance of the general theft behavior,whether the secret theft can be used as the distinction between theft and other property crimes,there is a definite saying or not.In the cognizance of special theft behavior,that is to the burglary,carry the weapon burglary,pickpocketing these kinds of special burglary behavior carries on the analysis.The theft crime object and recognition,in a dispute over the range of exploring contraband,network virtual property,real estate,several special human organs can be the object of crime of theft,a comparison of the doctrine of different views,so as to draw their own ideas.The accomplished and attempted the specific identity of the crime of theft,by understanding the theories and foreign theories of specific provisions,to various theories to conduct a comprehensive understanding,and comparison,foreign theory can provide reference for the theory in our country are pointed out.At the same time,the determination of the crime of theft and the attempt is also affected by some factors,such as objects,time,places,etc.Research is not only beneficial to the control of theft crime,for the continuous development of our country under the rule of law and progress,to socialharmony and stability,for the protection of personal health and property rights and has an important value.The analysis of the problem of the crime of larceny also reflects the attitude of the criminal law to punish crime severely.