Theft A Number Of Issues To Study

One of the basic principles of law is that it is illegal to infringe upon citizen's legal property,which is sacred in nature.In the society,citizen's legal property right has already become an important aspect of citizen's basic human rights now.Therefore,as the most common crime that infringes the property right,the larceny is always a key point which every country's Criminal Law attacks.Moreover along with development of society,the larceny's manifestation also becomes more and more diversiform and complex. The nature of many cases often not easy to recognize in reality,this needs us continues to strengthen the research of the larceny.This paper embarks on a real case,detailedly discussed two questions of the larceny:One is the crime constitutions of the larceny;and the other is the boundary recognition between the larceny and the other correlative crimes. The whole paper altogether divides into three major parts:First part is the analysis of an illustrative case.The case of Xu Ting in Guangzhou has caused a widespread discussion of the law from past year in the whole country.After first instance,second instance and rehearing,Xu Ting's case has finally come to the end of a stage,but the discussion of this case among the experts,the scholars as well as the ordinary people haven't finished.In this part author mainly gives a comprehensive analysis to the Xu Ting'case from five aspects that is the introduction of the case,the recognition of the court,the difficult problem,the divergent opinion and the evaluation opinion.Second part is the crime constitutions of the larceny.One of the difficult problems that summarizes from Xu Ting's case is how to distinguish larceny and non-larceny.And this problem is always the keystone in the research of the larceny.However the key to distinguish larceny and non-larceny is to see whether the behavior does conform to the crime constitution of the larceny.In order to solve the problem of recognition of larceny and non-larceny better in the future,this paper detailedly discussed the four crime constitutions of the larceny in this part,they are the object of crime,the objective aspect of crime, the subject of crime as well as the subjective aspect of crime.So this part can help us cleating the standard of recognizing larceny and non-larceny further.The third part is the boundary recognition between the larceny and the other correlative crimes.This is a part that carries on a special elaboration on another problem that summarizes from Xu Ting's case,that is distinguish of larceny and the other crimes.Xu Ting's case has only involved the boundary recognition of larceny and crime of misappropriation,but in the judicial practice there are still some crimes that are easy to be mixed up with larceny. This part embarked on theoretically boundary and practice boundary these two aspects,and enumerated massive cases to discuss the boundary recognition between the larceny and three other correlative crimes,they are crime of misappropriation,crime of fraud and crime of pillage in detail.