Research On The Rationality Of "open Theft Theory

In recent years,many scholars have advocated that the traditional "secret theft theory" no longer meets the needs of the times,and that the "public theft theory" should be established as a general theory.Although emerging theories have challenged old theories,the theory of "public theft" is not reasonable in both theory and practice.The theory and practice of "secret theft" has always been the standard for determining theft in China’s criminal law theory and practice.Due to differences in historical traditions and social systems,the establishment of China’s property crime system did not adopt a "binary model" and did not include the act of public theft within the jurisdiction of theft.Therefore,there is no suitable legal soil in China for the development and growth of the "public theft theory".In order to clarify the value of one’s own existence,the "public theft theory" criticizes and questions the "secret theft theory",emphasizing one’s own advantages and strengths from multiple perspectives,while highlighting the other’s shortcomings and weaknesses.The "secret theft theory" has provided a strong response and explanation for this.The theory of public theft itself has many unreasonable aspects,which violate the basic principles of criminal law and mistakenly use criminal law interpretation methods,which are inconsistent with the legislative spirit of our country.If applied in judicial practice,it will cause judicial difficulties.The theory of "public theft" has not yet gained recognition from the theoretical and practical circles of criminal law in China,as well as the general public,and cannot replace the theory of "secret theft" as a general theory.