Analysis Of Some Issues Of The Crime Of Theft

Theft is one of the traditional accusations of financial invasion,and it is also the most common and frequently charged accusation in China's judicial practice.As a grassroots judicial practitioner,the author has handled a large number of theft cases.In the actual operation process,the author found that there are often different opinions on some problems of larceny in practice,and some problems are also controversial in theory.In order to dispel doubts and doubts,the author has systematically studied some difficult problems in larceny.This article is divided into three parts.The first part starts with the basic constituent elements of larceny,and analyzes several controversial issues on subjective and objective constituent elements of larceny.The first section analyzes the subjective elements of larceny.The subjective elements include theft intent and illegal possession purpose.The author analyzes the purpose of illegal possession in the subjective elements of larceny.The author shows and analyzes various viewpoints,and further analyzes the viewpoints which are more consistent with judicial practice.The second section analyzes the objective elements of larceny.Firstly,the author analyzes the means of crime in the objective elements of larceny.In recent years,some scholars have put forward the view of public theft,and the author makes a comment on it.In addition to the above general features,the Criminal Law also provides for four special types of theft means,repeated theft,household theft,pickpocketing and carrying a murderous weapon theft,in the specific means of crime are unique.In addition,the author also analyzes the problem of destructive means of theft combined with practical cases and judicial interpretation.After that,the author analyzes the object of the objective elements of theft.Commonproperty in the judicial interpretation of larceny have clear provisions,but in practice will encounter some more special objects,the author focuses on three of them,including virtual property,real estate and their own property.The second part makes an empirical analysis of the differences between larceny and embezzlement,which are often encountered in judicial practice.The first section analyzes the basic elements of the crime of embezzlement,and interprets it from two aspects: subjective and objective.The second section analyzes the difference between theft and embezzlement in the light of practical cases.Firstly analyzes the key difference between the two crimes from the angle of objective elements is possession.The connotation of possession is displayed and the different opinions of the academic circles are analyzed.After that,the author analyzes the difficult cognitive errors in the subjective intentional cognizance,puts forward the different situations and specific treatment methods of cognitive errors in practice,and makes an empirical analysis with the hot case of Liang Li's case.The third part makes an empirical analysis of the differences between larceny and fraud,which are often encountered in judicial practice.The first section analyzes the basic elements of the crime of fraud,from the two aspects of subjective and objective interpretation.The second section introduces the main methods of distinguishing larceny from fraud.The second section analyzes the meaning of disposition,combining with practical cases from the objective and subjective levels of disposition awareness of the two in-depth analysis.Then combines the typical cases in typical network environment in judicial practice to analyze the distinction between the two crimes.