The Theory Of \"Brazenly Stealing\"

In terms of the structure of global crime, as have certain universality and property crime of theft, one of the multiple, the proportion of holding property crime is more important. Our country one of the most main property crimes of theft, accounting for 89% of the total amount of such crimes against property, which is the most main, in the criminal in the whole criminal cases accounted for more than 72%. Along with the reform and opening up and rapid economic development,theft also presents a significant share of their rising trend. In this way, there is a lot of actors involved,which involves a large number of individuals the freedom of person and property.From the point of the social effect, reflection and reconstruction of larceny objective elements, has the profound significance.Theft as the most common and comes in a wide variety of forms of crime,the most fundamental is the secret to steal. In the existing criminal law did not make clear a regulation for the objective requirement to steal secret theft. And before the judicial interpretation which is about theft, theft is secret theft as necessary conditions. Now practice and theoretical circle, whether for theft is limited to secretly steal this issue has been debated, the scholar thinks, brazenly stealing behavior should be incorporated in to the objective aspects of theft, but some scholars believe that theft should be limited to the secret theft of this behavior. To this end, the secret to steal the objective elements directly influences the cognizance of larceny.Debate about elements of theft and objective aspects, generally reflected in the theft whether objective conditions, the necessary element for secrecy. Point of view of theft is necessary element with secrecy, in real life, in addition to the secret theft, there is outright theft. Such as point of view to judge only, can make the judicial theory and practice, at the same time, make the sentencing abnormal light or heavy, Ohio, and even make some criminals to escape legal sanction, a direct impact on the authority of the judiciary in the public psychology. The latest amendment to include pickpocketing in theft, it is not hard to see, overtly theft to a certain extent by the theoretical circle, this peace for this article to blatantly stealing into sin paving, provides the foundation. Therefore,the author the objective requirement of theft,studies deeply brazenly stealing and refactoring, boldly proposed, brazenly stealing is the objective requirement of larceny.