Abstract

There is no final conclusion about whether theft adheres to “secret theft” or compatible with “blatant theft” in terms of objective behavior. Although traditional theories occupy the main position in judicial practice, there have been judgments that agree with the theory of “blatant theft”. Through the analysis of cases that adopt the theory of “blatant theft” in judicial practice, this paper examines the specific problems faced by the theory of blatant theft in the application of judicial practice. After that, this paper further demonstrates the rationality of embedding the blatant theft theory into judicial practice, and puts forward the specific approach of embedding this theory into judicial practice.

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