Problems Of Theft

Being one of the oldest forms of infringe upon possessions, larceny as always caught the attention of the scholars in the criminal jurisprudence the world over. This is not only because larceny is heavily destructive to social order, but also because of its complexity, which has given rise to multitude of theoretical and judicial issues. Based on similar researches in the past, this thesis has analyzed several important issues.This thesis consists of five parts, approximately 30,000 characters.Chapter one: the object of larceny .In this part attempts to define theft object in terms of criminal jurisprudence. I think "the view of possession " is the right view. Then the author analyzes the content of this view .This "possession" contains "legal possession" and "illegal possession".Chapter two: Steals the crime object recognizing. First, this part to theft object the general characteristic to carry on the analysis, pointed out the public and private belongings must have the economic value, have been possible control, to be at the condition which is held by other people with relatively the legality four aspects characteristics, could become the larceny the crime object. Next, whether became to several kind of special goods steals the crime object to carry on the analysis. Pointed out regarding invisible belongings (in real life main performance for invisible energy), could become steals the crime the object; Regarding the real estate, the author thought it also should contain in our country "Criminal law" in the 264th stipulation public and private belongings scope, may become the larceny the object, only is because real estate itself characteristic as well as to overseas about real estate legislation model, proposed to steals the real estate to carry on alone legislates the rules and regulations legislation suggestion; Regarding contraband goods and stolen goods, because its also belongs to the belongings the scope, and can manifest one kind of fact to hold...