Research On Relevant Questions Of Larceny

Larceny is a common crime, but due to the over-simplified stipulations of larceny and the not-unified understandings on some problems existing in judicial practice, the research on the crime of larceny and its relevant questions is especially important. This dissertation reaches a conclusion that the theory on the relevant questions of larceny needs redefinition through the introduction of some viewpoints in criminal theory at home and abroad and the elucidation of some difficulties existing in judicial practice.The whole dissertation divides into six parts. In the preface, the background and its significance of studying larceny are elucidated. In the first part, the author focuses on the criminal purpose and has put forward that "illegal possession" is not the essentials of the crime larceny. In the second part , concentrated on the criminal object, the author holds that the object of larceny shall be supported under the " theory of possession". The research on consummated crime and criminal attempt is put in the third part and the "controlling theory" shall be regarded as the criteria of differentiating consummated crime from criminal attempt. In the fourth one, focusing on the criminal amount, the author holds that not only the clear articles of criminal amount shall be provided in the Criminal Code, but also some circumstances shall be prescribed passively from its negative side. Finally in the conclusion part, the important conclusion of this dissertation is summarized.