For years larceny has been an important offense according to criminal laws. It is a frequently-occurring and complicated crime which is very popular in both theoretical study and judicial practice, and to which importance is attached by legislation of all countries across the world. Based on the survey and comparison of larceny legislation through ages, this paper emphatically discusses such theoretical problems as objective and subjective conditions of larceny, targets of theft, factors of conviction etc. Meanwhile, the paper introduces reasons and conditions for ascertainment of larceny. Then the paper analyses larceny and other relative crimes and presents their links and differences. Finally the essay also discusses punishment application about larceny. Having analyzed whether capital punishment is necessary and righteous, considering material life condition, cultural life standard and social factors to abolish death penalty in a country, the essay puts forward that capital punishment application should be abolished in China. Moreover, reasons and conditions for abolition are given.
|