On The Object Of Theft Crime

As one of the constituent elements of theft crime,the object of theft crime determines the crime and the non crime,which is the key factor to study the crime.Theoretically,there are many theories about the theory of the object of theft crime,such as ownership,possession and middle theory.In practice,theft of contraband,theft of administrative attachment,stealing back the legitimate possession of other people's own things and other acts of the continuous emergence of the object of the crime of theft also poses a serious challenge.The traditional viewpoint on the ownership of the object of theft crime not only faces various challenges in theory,but also can't deal with all kinds of difficult problems in practice,so it is necessary to study the object of theft crime deeply in order to meet the need of theory and practice.This article is divided into five parts to discuss:The first part of the object of the theft of the controversy and the reasons for the analysis.On the one hand,this part analyzes the current theoretical issues concerning the theory of the object of theft crime,and the current judicial practice of the use of the theory of the middle said that the criminal law is excessively applicable,the problem of criminal law is serious,there is excessive involvement of criminal law to protect the property rights of civil law suspicion;It is concluded that the reason of the present controversy can be divided into the influence of the object itself,the influence of civil law theory and the reflection of judicial practice three.The second part is about the overseas research situation.This part through the analysis of the civil law system and Anglo-American law system of the State of theft,so that more comprehensive understanding of the various countries on the object of the crime of theft the basic views and attitudes.This paper draws lessons from the theoretical study of continental law system and the characteristics of Anglo-American law system in practice,and then dissolves all kinds of disputes and problems faced by the object of theft crime in our country.The third part is the specific definition of the object of theft crime.This part first puts forward the author's various viewpoints on the object of theft crime,thinks that the object should be divided into the protection object,the object of crime and the object of action,and the object of theft crime should be the object of the crime of theft crime.At the same time,the difference between the object of crime and the legalbenefit is further analyzed.Secondly,the abstraction of the object of crime determines that the object of crime needs to be embodied by the specific object of crime,so the object of theft crime also needs to be embodied by the object of the crime of theft crime.Finally,the author thinks that the object of theft crime can be divided into single object and complex object according to the different behavior object,the single object is the ownership order of property,and the complex object is "ownership order+",that is,the object of the burglary infringement is the property ownership order and the inviolability of the house,The object of the theft and pickpocketing of carrying weapon is the order of ownership of property and the infringement or threat(latent threat)to the personal safety of citizens.The Forth part discusses the rationality of the object of theft crime.This part distinguishes between the single object and the complex object respectively,and first proves the rationality of the single object--the order of ownership from the modesty of the criminal law,the object of the adjustment of criminal law and the independence of the criminal law in three aspects.The author thinks that taking the order of ownership as the object of theft crime can effectively restrain the excessive intervention of criminal law on the property right of civil law,and also embody the unique status of criminal law as the guarantee law of other departments.The "Ownership order +" of the complex object is analyzed by analyzing the behavior object of three kinds of thefts and combining with the explicit provisions of criminal law.The author thinks that three kinds of new types of theft have the characteristics of complex,and the objective aspects of the basic crime consist of several behaviors which are not independent of crime,and they point to different objects,which leads to the complexity and variety of the content of the object of crime.Part Five is the application of the object theory of theft crime to solve the specific problems in practice.Based on the object of theft crime,this part analyzes four kinds of behaviors,such as stealing contraband,stealing the administrative seizure,stealing back the own objects lawfully occupied by others,and stealing back the own objects illegally occupied by others.I believe that the state has ownership of contraband,thus stealing contraband violated the order of ownership of contraband,and the theft of administrative attachment,stolen back to the lawful possession of other people's own things,stolen back the illegal possession of their own objects of ownership order,and therefore does not constitute a crime of theft.Thus,it is proved that the object of theft crime is more reasonable to solve all kinds of problems inpractice.