Study On Criminal Law Of Destructive Theft

"Destructive theft" is a hot issue in today's society.The author collects the most common and practical cases from all over the country,such as the materials from the referee's papers,and the criminal law's difficult cases.In the introduction,the criteria for judging the number of crimes in the civil law system,combined with the analysis ideas of domestic scholars,analyze the cases in practice one by one,and find the irrationality of most behaviors with "behavior-centered" thinking.Or there is vulnerable.This article takes the "legal theory of legal interest" as the analysis path,combines the classification and classification of crimes with the criminal law of China,and divides the chapters and sections with the theory of legal interest,and draws conclusions based on the principle of crime evaluation.In addition to being able to make up for the above "vulnerabilities",it can be combined with relevant and adjacent theories,and then it is a crime to infringe on the single legal benefit of destructive theft.Infringement of the theft of several legal interests is a crime,achieving punishment and guaranteeing human rights.The unity is divided into three parts for research:The first part is the four classic cases of the judicial status quo and the four viewpoints of the theoretical situation.The judgment of the judicial status quo is the crime of theft,the crime of deliberately destroying property,and the crime of destroying electric equipment,which is summarized as "one sin." Another ruling was the crime of theft and the destruction of electrical equipment,which was summed up as "counting crimes." The current theory of "one sin theory",the crime is deliberately destroying property crimes,the crime number is the imaginary competition,the choice of one-handed treatment,the implicated treatment,the theory of "counting crimes",the crime of theft and the destruction of electricity Equipment crime.The differences between the current situation of the judiciary and the current situation of the theory are sorted out,which stems from different opinions on various theories on the criteria for judging the number of crimes.The second part is a review of the criteria for judging the number of crimes.It is generally divided into two levels.The overview and evaluation of the behavioral standards theory,the dilemma of stealing behavior and destructive behavior is recognized as an act;the summary and evaluation of the dissatisfaction standard theory,the theory is too abstract,only a few scholars' views;the crime constitutes the standard The overview,evaluation,and the dilemma of such doctrine in practice.An overview and analysis of the standard of the constituent elements;it is contradictory to find that the number of crimes that are easy to confuse is contradictory to the number of constituent elements;the summary and evaluation of the legal standards;the destructive theft that infringes a single legal interest is a crime The destructive theft of the number of infringements is a crime,which is consistent with the principle of the evaluation of the number of crimes and is the correct conclusion.The third part is the qualitative analysis of destructive theft from the perspective of legal interest standards.Generally divided into two levels.Taking legal interest as the starting point,the destructive theft of property rights is recognized as the ground of a crime,the drawbacks from the perspective of the illegal benefit standard;the starting point of legal benefit,the destructive theft that endangers public security is the reason for several crimes The illegal benefits standard is said to be a drawback.