Research On The Situation Of Burglary

The theft, as one of the classical property crime. No matter in the remote ancient or the changing today, the theft can calculate going up is a "star". In the practice of theft, different pattern of theft object, a variety of theft means. In the theoretical, the theft is also hot debating. Especially, in the field of science of criminal law, controversy on the crime of larceny theft definition, behavior, as well as in the new situation the endless stream of every kind of stealing phenomenon has never rest. This article attempts to theft behavior shape, the analysis in addition to secret filch outside behavior, and defying theft also should maintain for stealing. However, in practice, a large number of cases that blatant theft of property behavior raises, and how to judge become difficult. Because the legislation is also supported by traditional theory, so in judicial practice steal publicly is not set for the theft. On the contrary, I do not agree this thought. I am in reference to previous research on the basis of experience, analysis the limitation of traditional theory, put forward "steal publicly" as the theft crime either in practice or theory is reasonable, and it is very sense.There are three parts in this article.The first part is about the nature of the theft. The second part is the traditional general defeats. The third part is the proof about blatant theft is also crime. On the nature of theft, wrote the crime features about other crime of Violations of property, then puts forward the theft’s individuality, and similar robbery and fraud to distinguish. To traditional defeats, firstly analyze the traditional theory of the evaluation criteria, and then analyze the theoretical controversy, finally puts forward the general criticism. The last part is the core of the article, put forward the blatant theft is also be crime.The state of theft is divided into secret stealing behavior and the blatant theft. Steal, is a kind of behavior which person "thinks" type of subjective behavior. As long as people act when no other people witnessed is thought steal secretly. That is the case even being found, or was watching does not affect the cognizance of the crime of theft. Under this condition, the theft is actually a blatant theft. However, in judicial practice, such situation existences, the victims witness their wealth been stolen. In this case, in fact, it is more serious. However, in judicial practice, this case is not as the crime of theft. We say it is unreasonable, and defective. In my opinion, theft not to "steal" is the essential elements of larceny theft, public should also be set for theft.