Analysis Of DuQingFang's Theft Case

Theft has ranked among the top of the crime lists in quantity from judicial practical perspective. According to the statistic analysis revealed by the Ministry of Pubic Security over the decade from 1980s to 1990s about the six types of crime: murder, assault, fraud, robbery, rape and theft, those six types of crime have accounted for about 95% among the total crimes and the theft has accounted for about 50% among the sis types of crime. Based on the analysis of the Du Qingfang case, this article focuses on the penalty of theft between family members and the theft of close relatives and the reason why one of the Du Qingfang's two behaviors is not held criminally responsible while the other is condemned.This paper is divided into four parts.The first part, putting forward the problems, introduces the views of different parts and the main controversial issues separately, that is:the controversial issues about the substantial aspects and the procedural aspects of the Du Qingfang case. The dispute of the substantial aspects of the case is how to identify the quality of the case:whether the behavior of Du Qingfang is a kind of assertion of her rights which should not be condemned to penalty or a kind of misfeasance which should be punished. The procedural issues focus on why the court takes the evidences of the prosecutor as grounds rather the defense's evidence, while both the prosecutor and the defense have provided evidences to keep up their views.The second part is the analysis of the problem. The substantial aspects expound the object, the objective aspect, the subjective aspect of criminal constitution and whether to apply the《Interpretation》of the Supreme Court. The procedural aspects analyze the applicable principle of evidence and the admissible principle of evidence.The third part is the conclusion of problem. I analyze the two behaviors of the Du Qingfang through analyzing the object, the objective aspect, the subjective aspect, and the application of the《Interpretation》of the Supreme Court. Finally, the behaviors of Du Qingfang opening up the coffer in her family accord with the《Interpretation》of the Supreme Court. And the conduct of Du Qingfang to open up the coffer in her parents-in-law's family constitutes theft because it is in accord with the criminal constitution. The procedural aspects analyze the verbal evidences and the physical evidences so that it is correct that the court takes the proof of prosecutor as ground.The fourth part is about the legal consummation of the theft between family members and close relatives.