On The Criterion For Accomplished Larceny

Larceny,as the most common crime.is very important in the criminal law.Fromthe data which public security department provided,we can reach that larcenyaccounted for first in the national criminal cases,caused great chreats and attacks tocountry and people’s property,undermined the social harmony and stability.Hence,tostudy the larceny problem is very important theoretic value and practicalsignificance.In the current criminal law theory,There are three main arguments forjudge crime accomplishment standards:criminal purpose doctrine,criminalconstitution factors doctrine and criminal consequence doctrine.But the first and thesecond theory are more or less exist certain defects,hard to independent as thestandard for crime accpmplishment.To judge crime is accomplished or not,shouldconsider the dangerous conscquences occurrd or not.About the standard of accomplishment of crime,domestic and overseas mainexist the following theories:the contact theory,the transfering theory,the loss throrythe controlling theory and the out of controlling theory.Domestic accomplishedarceny standards have differences between the controlling theory and the out ofcontrolling theory.Controlling theory regard as arceny is accomplished must with thepurpose of illegal possession.The out of controlling theory regard as accomplishedarceny is not to the realization of the purpose of illegal possession for necessary.Tounderstand this problem from the angle of the protecion rechtsgut is moreappropriate.Rechtsgut is life interest which law protecting according to the basicprinciples of the constitution.When people lost controling of their property,no matterwhether the property controling by offender,offender’s behavior is establishdeaccomplishment.Because the behavior has already harming the interests which lawprotecting.Hence,the out of controllinbg theory has more rationality.Through the above analysis we can draw a conclusion that the out of controllingtheory as larceny accomplishment judgment standard can reasonable apply to different kinds of stealing occasions.