Study Of The Object Of Larceny

Larceny is one of the very ancient crimes. It is a violation of property rights that occurs commonly in modern society. For a long time, the object of larceny has been an issue of the world of criminal law theory in our country. In recent years, with the founding of dominance of China's social market economy and rapid development of science and technology, the ownership system becomes complicated and the rights carrier diversifies, which leads to variety of the object of larceny. In the specific judicial practice, it is very difficult to identify the object of larceny.In the first part, this paper analyzes the object and target of larceny. It separately illustrates the two representational viewpoints:right of possession,,right in essence,Said the new possession. Domestic and international criminal law field theory on the object crime of theft of five doctrines one by one, namely the nature of a body, said utility that holds the possibility that management possibility that the said movable propertyIn the second part, the paper demonstrates the "five character theory" of the present object of larceny, namely:it has economic value, it is disposable, it is movable property but not real estate, the object of larceny is comparable legal, and it is possessed by other people. Objective put forward "five attributes that" the biases, and to make better positioning of identity theft crimes object", said the three properties", that the economy of the object crime of theft, physical and legal, and The "three attributes that" the theory described, respectively.In the last part, it illustrates the object of larceny of the "three character theory". It then separately demonstrates the disputed points among different theories with examples. For instance, the affirmation of stealing property rights certificate, stealing human organ, stealing virtual property, stealing credit card of the "economic quality"; the identification of movable property and real estate, intangible assets and tangible property of the "physical quality"; the affirmation of belongings ownership and theft object, illegal holding goods, contraband and theft object, several conditions that not form the object of larceny. Through symmetrical illustration, it can provide some guidance to the present criminal judgment.