As a common offense of property crimes in our country,theft is a focus of research in the theoretical field.In recent years,the phenomenon of"peaceful acquisition of wealth"is frequent,and the traditional"secret theft theory(old theory)"has limited ability to evaluate this kind of new criminal be-havior,which leads to the different recognition of"peaceful theft"in judicial practice,and then leads to the phenomenon of different sentences for the same case.The proposal and development of"peaceful theft the-ory"is expected to supplement the traditional theft crimes.Based on the difficulty of identifying robbery and theft formed by the old theory,in order not to damage the national customary cognition and the stabili-ty of the law as much as possible,the elements of"peaceful theft"should be divided.Consistent peaceful theft behaviors can be identified as theft or robbery based on"secrecy"and"openness"respectively,while behaviors of openly acquiring wealth resulting from cognitive errors leading to inconsistency between sub-jective and objective aspects should be included in the evaluation scope of theft crimes.
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