A Case Analysis Of Wei Guoquan Larceny

Larceny has long been concerns of legislators since the Zhou dynasty. The famous representative legalists of the Qing dynasty,Li Kui holds the opinion that "wang zhe zhi zheng mo ji yu dao zei", showing the importance of theft on legislation. Nowadays, theft has been considered as one of the most controversial crimes in criminal law field, attributed to its high frequency and great complexity.In this paper, typical "Wei Guoquan theft" is selected from the recent theft cases, and a number of problems are analysised, with a combination of case and legal principle. The problems includes:the cognizance of the secret stealing; the purpose transformation of illegal possession and the distinguish of theft and crime of embezzlement from the perspective of the forgotten property. The destination of this article is to help accurately determine the theft in the judicial practice.This paper composes of three parts, with a number of twenty thousand words.In the first part, a introduction to the "Wei Guoquan theft" is given and the focus of dispute is put forward, which are used to help finding a hitting-point for later theoretical analysis.The second part focuses on analysis of whether Wei Guoquan’s behavior can be judged as theft. It further branches into three sections:in section1, different definitions of secret stealing given by researchers are proposed, and the characteristics of secret theft are summarized according to these different definitions. Afterwards, combining with secret stealing theory, the case analysis are conduct to judge whether the behavior of the offender is secret stealing. In section2. the definition and purpose of illegal possession is stated and analysed, and the characteristics of illegal possession are summarized. In addition, purpose transformation of illegal possession is put forward on the basis of practical problems. At the end of this section, analysis on whether the offender has illegal possession purpose in mind is conducted during stealing. Embezzlement and theft have to be distinguished in many cases because of their similarity. In this case. Wei Guoquan’s defense lawyer argues that the vehicles involved should be considered as forgotten property. Therefore, in section3. forgotten property is analysed and conclusions are achieved.In the third part, the analysis of sentencing of the Wei Guoquan case is conducted. Because burglary amount is one of the standards to sentence, the key point of this part is to disclose the existing problems in sentencing of larceny from the perspective of burglary amount. Afterwards, the rationality and legality of the judgement of Wei Guoquan case is analysed, with a comprehensive consideration of the discretionary circumstances of sentencing.