Some Questions Research About New Forms Of Larceny

Larceny is the prone type of crime in all the countries, and it also has thehighest crime rate in our country over the years. And the prevention and thecrackdown on larceny crime is an important subject of previous amendment facingby the China’s Criminal Law. Before the enactment of the Amendment of theCriminal Law (VIII), the Criminal Law mainly adopted the standards of “amount”and “frequency” to identify larceny; after the revision, it added three novel ways ofact of larceny, that is burglary, burglary with taking the lethal weapon, andpurse-cutting. This paper is divided into6Chapters to study the problem such as theconstituent elements of new larceny. Chapter1mainly discusses property of value ofthe criminal object of three added larceny, and thinks that the object contains bothmaterials with objective exchanged value and the materials with subjective usingvalue, but worthless item can’t be called criminal object of the new larceny, andvaluable res incorporales also can become the criminal object of the new larceny.Chapter2to Chapter4respectively describes the necessity into the punishment, theconcept and the related tough issues in practice of burglary, burglary with taking thelethal weapon and purse-cutting: in burglary, only the place which has thecharacteristics of family life can be called the “household”;“enter household”requires that the perpetrator must enter with the illegal purpose; and analyzes theproblems that whether the group renting can be counted as “household”, and whetherthe part of the body entered into the household can be counted as “enter household”.In burglary with taking the lethal weapon, whether it is a “weapon” should beidentified by whether the appliance can produce a sense of danger to the victim inthe specific circumstances;“carry” should have the occult characteristics and can’tbe used on the victims; the purpose for taking a weapon by the perpetrator is to theft;and analyzes the problems of whether the theft tools can be regarded as the weaponand the relationship between the burglary with taking the lethal weapon andtransformed robbery. In purse-cutting, the site is not limited to public places; the object of the purse-cutting should be the items carried by others. Chapter5mainlyanalyzes the not accomplished and accomplished status of new larceny, and thinksthat new larceny belongs to the consequential offense and exists not accomplishedstatus; discusses the proceed standards of burglary, burglary with taking the lethalweapon, and purse-cutting; the accomplished offense of the new larceny should beidentified by getting the items which deserve the protection of the criminal law.Chapter6makes its views about the conviction and punishment on new larceny inthe judicial practice, and thought that should consolidated the case plot to usenon-punitive approach and a non-custodial sentence, achieving temper justice withmercy.