Research On Finished Larceny

Larceny is the largest number in the criminal offense, which is one of the key and the hot fields both in theory and judicial practice. Especially, the standards of larceny finished are the crucial point in criminal jurisprudence, which formed variety of theories and ideas in criminal theory all over the word. These views are certain rationality, but also with some shortages in different degree inadequate. Therefore, this cause the judicial practice of standards of larceny finished, so it is difficult to practice.This paper will be based on theories of finished crime and consulted the theory native and abroad, according to the theory of constitutive requirements and violation of legal rights, And with specific cases put forward the standard of the finished of larceny of "out of controlling" proposition. In the second part of the paper firstly advocated "out of controlling" the reason explained, especially the controversy on the "out of controlling" theory and the controlling theory--violation of legal rights against the specific identify. According to the theory of "out of controlling" proposition, as long as the perpetrator subjectively intentional theft property of others, the objectively implementation of the victims lost property to control the behavior, this can be counted as completion of larceny. That is the victims lose their possession and destroy their violation legal rights. At the same time, the author uses the method of raising problems—analyzing problems—solving problems, and further explains the scientific and reasonable aspects of "out of controlling" theory as the standards of larceny finished through the way of analyzing cases. Which are in the judicial can accurately to the conviction and sentencing of larceny provides a theoretical premise. But in reality the larceny specific shape is complicated and diversified, the general standards of larceny finished does not fully and accurately identified the various of larceny, especially after the enactment of the Criminal Law Amendment(VIII),"a burglary","carry weapon larceny","pickpockets" and "the relatively large amount", multiple larceny "placed side-by-side position as one of the larceny of the standard of prosecution,that are no longer subject to the restrictions on the amount, frequency, and time and space,as long as the implementation the above acts, this can be counted as completion of larceny.The last part of the paper for some special situation undertook detailed analysis, summed up and put forward to judge the standard of finished. Therefore, the author considered that the "out of controlling" theory is not only essentially consistent with the theory of violation legal rights, but also practically feasible in both theory and judicial practice.