Analyses Larceny Constitutive Requirements

Among of all the crime of infringe on the processions,larceny is one ofthe most common crimes.Since the scioety develops,the processions weredevided as “mine” or “yours”,larceny found the soil to grow. From thissentence,we will have the conclution the the right of the property is veryimportant for one’s life. Larceny is the infringement on one’s property,so itdoes harm to the people’s basic security,and is harmful to the stable andreasonable relationship of the property.It has lots of harm.In the laws ofChinese criminal laws, larceny is always one of the most importantcriminals.《The amendment of the Ccriminal Law（eight）》has clearlydefined:”The one who has stolen property of the other ones,if the amountis huge,or stolen many times,burglary,stolen with the lethal weapon,topick,should be sentenced under the3years fixed-term imprisonment orcriminal detention,or punishment of control,and in the same time shouldbe fined or just fined only.With the fast development of our nation’s economics and society,how to define and sentence the Larceny has faced the challenge in thefield of reality and theory:intangible things and virtual property call forthe protection of law and it needs to update the definition;the case ofXuTing displayed the importance of the definition of “the secret steal”;thecese of LiangLi tells us how to distinguish the Larceny and The crime ofEmbezzlement.This article is divided into four parts,the main contents are as follows:.Firstly, the criminal object of larceny.It introduces Japanese basic theoryof different theories the criminal object,larceny:the theory of processionand so on.It put emphasis on whether the new forms of property should beincluded into the protection of criminal laws. And how to judge thePossession from the field of subjective aspects and objective aspects.Andit also emphasize the comparison of the procession in the criminal lawsand civil laws.Secondly: the criminal objective aspect of larceny, It introduces thetheories of “the secret steal and non-violent steal,It came into the conclusion that the object aspect larceny should be the secret steal. Also.《The Amendment of the Ccriminal Law（eight）》and its legislationpurpose are introduced. The theories “to possecsse illegally”are devidedinto the meaning of “to use”and “to exclude”.Thirdly:the subjective of larceny.It introduces the theories of thewrong understanding of crime and its consequence,taking the case “thehigh price of grape” for example.And,it also introduces the theories of“the intention to possesse illegally”.The third part:the steal among the kin-which should be perfected inthe criminal laws.In the long history,the interpersonal relationship is important of theinterpersonal emotion.The relationship among the kins is indispensable forthe stability of our society.The legislation of Dynasty Qin has devided thelarceny rime as the one between the kins and the others.When this kindof larceny happened, because the two parties have emotion or complexrelationships, they donn’t want to break completely.But if the case cameinto the field of laws,they maybe have the unharmonious relationship.Sothey often think it over that they will see each other one day,they areinclined to solve this problem on their own.If we use the law,therelationship which maybe stay stable will turn into a bad one,which is notour wish.