On The Criterion For Accomplished Larceny

Larceny is the largest number in the criminal offense nse. Larceny hold 70%-80% occupation in China's criminal abased the public security departments' accounting . Because the condition is complex, Larceny has been the most difficult criminal. For a long time past, the criterion for. accomplished larceny is the point at issue in criminal jurisprudence the world over all the time, and there exist approximately ten criterions. At the present time, the controversy over the criterion in China's cri-minal circle is mainly between the controlling theory and the out-of-controlling theory. So the deeper researching is indispensable. In this article, based on the premise of the general theory of criminal jurisprudence, a conclusion which includes theory of constitutive requirements and dangerous consequences of a crime is drawn, after the brief analysis of the ten criterions for judging accomplished theft, the points at issue between the controlling theory and the out-of-controlling theory—the dangerous consequence and the criminal purpose of larceny are analyzed in detail. And then a conclusion is drawn that the out-of-controlling theory is the proper criterion for deciding whether a lar-ceny is accomplished or not. To some cases which are not explained properly, the author put the ways of solution. So the author consider that the out-of-controlling theory has been more integrity in exoterica and more perable in judicial practice step-by-step.