The Practice Of The Theft

The larceny stemmed from ancient the criminal law"theft", appears the earliest in the history of our country and is most common and frequently-occurring multiple crimes, and is also still in use until now . Along with reform and open-up policy and many kinds of system of ownership economy's vigorous development, the demand of the labor in non-state institution is showing a rising trend,the crime frequency of employees in the work is increasing significantly,The criminal means become more and more complicated. Therefore to give qualitatively of the crime of the employee's stealing property of their institution, especially to distinguish and identify larceny and the duty invades in this situation become the key. Although our country criminal law educational world has had the research for this, but the difficult of differentiates is still existed in the judicial practice. Based on the present situation, this article attempts to discover the key difference of the larceny and the duty invades crime through the case discrimination.This article starts from the case, and use the method of comparative analysis,and analysis the difference of larceny and the duty invades crime,the recognizing of attempt and accomplishment theft, the calculation of the amount of the theft to the dispute of this case, and then basis criminal law theory, recombination my reflection, thus draws case's qualitative conclusion. The writing of this article defers to"propose the question - - analysis question - - solves the problem", the full text is divided five parts, approximately 18,000 words.The first part,cause.The second part, present a case. This case is the real which the author meets in department practice period, case for suspect Mr./Ms. Zhao, Mr./Ms. Wang going to steal the workshop high pure negative pole electrolytic copper in work period.The third part, controversial issue. The Judicial Office has had the difference and the dispute to the case qualitative, recognizing attempt criminality and the crime amount. It specifically shows that Mr./Ms. Zhao and Mr./Ms. Wang's illegal possessing behavior whether using the duty , the recognizing of attempt criminality is come from leaving whether workshop or the company front door and the burglary amount whether need accumulating or not.The fourth part, the theoretical analysis of the legal principle theory is carried on the controversial issue of the case. The Firstly, the author analysis on the recognizing of quality of this case from workers whether constitute the subject of crime of official embezzlement and the distinction of"Using functionary power"and"using of the advantage on the job". The Secondly, we can get the criterion of accomplishment of this case through the contrastive analysis to the larceny attempt and accomplishment standard's Chinese and foreign viewpoint. The thirdly, the author thinks that it should be accumulated amount of theft through the analysis. Finally, the author brief analysis of the suitable problem of the criminal law combined with the case.The fifth part, give the case's qualitative conclusion. Through the comprehensive analysis to the many kind of controversial issue in this case, the author give the case's qualitative conclusion completely.