Study On The Criminal Target Of Larceny

For each country, larceny is an accusation that crime rate is high. It also has a long history. In this circumstance, judicial circle and theory circle have continued to research the larceny all the time, and the dispute is one after another. Those theories on the traditional significance have confirmed some limitations of their existence in the course of history, especially with the development of science and technology, crime method is also developing. Thus the actual problem places in front of us.This paper aims at researching the criminal target of larceny. It discusses the attributive character of criminal target of larceny by the means of case study and theory demonstration,and gives some comments to larceny and the criminal target theory. Meanwhile it also analyzes my own views for some difficult criminal targets. To select controversial real estate, human organ, contraband goods, forgotten and lost things, net virtual property, technical achievements, illegally copied software and so on, the author puts forward his own ideas to these special targets on the basis of the theory and practice circle's viewpoint.The author thinks that real estate and personal property although differ in physical form, it doesnot deny real estate can become the criminal target of larceny. For the theft of human organs, it can be recognized as theft from general sense. But in practice, it has to take into the special provision that existing the charge of stealing corpse. Due to the particularity of contraband goods, many scholars deny it can be stolen. However, the author thinks that contraband goods can become the criminal target. It needs to pay attention to the problem of criminal amount in the judicial practice. Although forgotten and lost things correspond to the partial features of larceny, the author deny its theft. The author thinks that it can become the criminal target of embezzlement, and net virtual property can become the criminal target of larceny. The main attention in the practice is to calculate the crime amount, and we can not because of the amount's calculation to deny it can become the criminal target of larceny.Technical achievement and illegally copied software can become the penal property. When the stealing behaviour occurs, it can set up the larceny. Meanwhile, on account of the doubtful question on the legislation and justice, the author puts forward his own suggestion of legislation and justice.