Identification And Punishment Of Attempted Theft

Since the implementation of the Criminal Law Amendment(8)in 2011,the identification and punishment of attempted theft crime has become a prominent problem in criminal law theory and judicial practice.Based on the current legislative situation of theft,this paper attempts to make a relatively unified analysis of the standard of conviction and the method of discretion by studying five difficult problems with the methods of normative interpretation,theoretical comparison and case analysis,in order to find a more scientific and reasonable judicial method to accurately combat attempted theft.The first part is the summary of attempted crime of theft.By analyzing the three elements of attempted establishment of theft crime and comparing the theory of "control" with the theory of "out of control",the author holds that the theory of "out of control" is more reasonable and should be taken as the standard of accomplished theft crime.The second part is the identification of the crime pattern of special theft.From three perspectives of conformity with the principle of legally prescribed punishment for a specified crime,this paper demonstrates the viewpoint of "behavioral offence" and "consequential offence" from three perspectives of conformity with social harmfulness.It holds that the accomplished standard of special theft crime is that the victim loses control over the property that is worthy of protection by criminal law.The third part,the determination of attempted theft of special theft.The legal concepts of "entering the home","carrying lethal weapons" and "public places" are analyzed to clarify the connotation and extension.This paper analyses three kinds of special theft modes,demonstrates that the starting point of special theft crime is to start the implementation of specific acts,so as to accurately identify the attempted crime of special theft.The fourth part is about the conviction of the larger amount of attempted theft.This paper discusses the viewpoint of not constituting a crime from three perspectives of legality of crime and law,and the viewpoint of conviction and punishment from three perspectives of serious circumstances being fundamental provisions.It holds that the role of the amount of theft should be appropriately grasped and the relevant factors should be comprehensively considered so as to comprehensively identify the seriousness of the circumstances.The fifth part is about the punishment of attempted crime of theft.Combining with specific cases from two perspectives such as violation of the doctrine of gains and losses,this paper analyses the defects of the alternative punishment mode,demonstrates the rationality of the combined and cumulative punishment mode from three perspectives such as compliance with the doctrine of responsibility,and finally divides seven cases based on whether the amount of accomplished theft meets the criterion of conviction,and constructs a judicial discretion model.