Re-discussion on the Distinguishing Standard of Attempted Theft——Based on the Perspective of Action Course
Hongmei Zhang · Journal of Fujian Police College · 2011
The traditional viewpoint has a common defect upon the crime of attempted theft,which can be overcome by introducing the concept of action course.Because action course is an interaction between subjective and objective,the criterion on attempted theft must be constructed by subjective and objective factors.Meanwhile,this standard requires a focus upon the crime's action course.The article points out that a reasonable standard on attempted theft has two components: firstly,whether the perpetrator's plan has been implemented;secondly,whether the actor's behavior has caused damage to the protected rights,i.e.whether the stolen property is in the actor's hands.