Theft Crimes Objects Studied

The criminal objects of larceny is a disputed question in a long period among native criminal theoretical fields. Experts refered to foreign and native criminal theories, combined with judiciary practice, have formed such theories as Holdable Possibility, Effect Theory, Tangibility, Managable Possibility, etc.. But with the marketed economic system established in China and electronic technology booming, different ownerships and rights fundaments varying, the traditional theory for criminal objects of larceny is facing tremendous challenges in guiding the Judiciary to resolve difficult cases.In the first part of thesis, the author cited foreign "Inherent Rights Theory" and "Possess Theory" to compare to native theories about criminal objects of larceny, pointed out the focus discussed is how to define stealing others illegally possessing property. Following, the author demonstrated from the most disputed question whether ownership or possessing rights, pointed out that the criminal objects of larceny isn't ownership but possessing rights, so released the New Possessing Theory which differentiate traditional theory. And pointed out, the possessing is a reality concept, which possesses and controls objects and is differentiated the possessing of the Civil Laws.In the second part, the author compared foreign with native criminal theories and judicial practice, based on the New Possessing Theory, expounded that criminal objects of larceny should has six features, Exchangeable Value, Controlble or Possessable and Allocatable , Movability, Commons and Exceptions, Owned by Others, Conformed with Spirits of Legislation.In the third part, the author has compared to the six features of criminal objects of larceny to explicitly demonstrate whether stealing unmovable property, illegal possessing things, intangible resource, electronic monetary funds, technologic products and illegal coping software, telecommunication's service, net cyber assets is defined larceny. These differentiated disputes can enrich theories about criminal objects of larceny in native criminal theories and guide the Judiciary to judge difficult cases.