盗窃罪的若干问题研究-刑事诉讼法专业论文.docx

PAGE PAGE 1 Abstract Thieves and burglars crimes is the first crimnal in our country, however, it seems too simple that the larceny was scripted, the devided deferent understandings about the currminal inpractice, make the deferent judges about a same curriminal behavior. At the same time, with the developemt of the economy, some traditonal values confront the suspations, so the study of the thieves and burglars crimes appears more and more important. This paper put the theory into practice to study about the subjective aspect of thieves and burglars crimes, the amount of the thieves and burglars crimes, the Criminal Attempt and Criminal accomplish, and prescribed punishment towards thieves and burglars crimes .To make the law making of larceny better, to consolidate the deferent understanding, to make the applacation right. The whole paper has three parts: Part one, the subjective aspect of thieves and burglars crime. This part based at subjective content of intent tries to set about from the three items of similar cases and emphasizes different connotations between society harmfulness and illegality awareness. It concludes we generally make society harmfulness as normative element of intent content, so as to set mind on the actual value of the stolen article for the amount stolen when handling the similar cases about cognition mistake. We do not demand whether the conductor is aware of criminal irregularity for his behavior, including the conditions such as taking stealing as occupation or main income sources, is a hardened thief or not, having a general intent for the stolen goods, and so on. For some specific occasions combing the conductors experience, even a normal rational people will have significant wrong cognition for the value of stolen article. In those cases, we can consider being convicted but free from criminal punishment although the conductor really has no way to know actual value of stolen goods. Part two, the Criminal Attempt and Criminal accom