| New model behavior of larceny comes into being against the background of the development of society and technology, the emergence of new species, the improvement of property right of civil law and the theory of other property rights as well as the requirements for the establishment of social integrity. “Larceny with amount” shows the theory of valueless result, which causes legal interest damage from objective behavior and threatens the illegalness of judgment action.“ Larceny without amount ” reflects the theory of valueless behavior, which violates the norm from objective behavior itself and violates the illegality of social evaluation. It doesn’t happen at once from the theory of valueless result to the theory of valueless behavior. During the revision of criminal law in 1997,“ repetitious theft ” was added, which broke the single criminal charges of“larceny with amount”. The stipulation of “repetitious theft” behavior model comes as the result of the development of the theory of being illegal many times.Thefts in recent years are characterized with infringement on personal rights,disturbing life peace and harmony and harming social public life. All these characteristics raise people’s concern about personal security, privacy and social stability and this calls for the reflection of people’s requirements of social order in legislation.New model of theft plays a significant role in deepening the understanding of theory of property crime. In addition, the classification of property value,determination, cognition of the state of property as well as property theory all call for new study requirements. There are many ways to classify property value in theory in which the classification of objective value and subjective value is definite. It is necessary for property crime to protect objective value. However,the discussion of subjective value is quite scare in the past. Whether the subjective value of property has its own independent connotation and whether it deserves to be protected by criminal law do not rely on the content of objective value. The state of property consists of ownership and possession. The ownership protection theory is “the ownership”, which regards the ownership and other rights as the legal interests infringed by property crime that should be protected.The possession protection theory is “ the possession ” which stresses the possession of property in reality. The possession theory mostly regards that criminal law has no intention to protect the properties which are possessed illegally as it is reproached by law order. The reason why we regulate and protect the illegal possession is to protect property order interests. It should be concretely analyzed to discuss the reason for criminal law protection and it should be noted that illegal possession itself is a legal judgment. The negative judgment in law is not necessarily to deny the property feature of a certain thing.The features of behavior model like burglary, pickpockets with a lethal weapon and steal as well as crime pattern need to be analyzed. Objective behavior constitutes an important element for committing crime. Amendment VIII regulated burglary, pickpockets with a lethal weapon and steal as independent larceny without amount, which was aimed to include elements that reflect personal danger like the plot, nature and repetition of a behavior itself into the assessment of larceny social danger. It not only lowers the threshold of larceny by legislating but also protect personal safety and personality rights under the spirit of people oriented. The understanding and definition of new model larceny need careful understanding. The state of crime shows the danger of criminal behavior and the perpetrator. Elements of initiating a crime play an important role in the state of crime. It ’ s more difficult to judge the crime initiating elements of burglary and steal because of its behavior distinctiveness.Therefore, it is necessary to study the crime initiating elements of burglary and steal. |
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