Research On The Crime Of Theft

As a historical, complicated and frequently happening crime, larceny dose huge harm to people’s safety and the harmony and stability of society, which often involves large amount of money, by means keeping changing. Larceny is becoming increasingly complex and serious with the development of time in China and even the world. Therefore, how to effectively combat, prevent the and convict new type of larceny such as repeated stolen, burglary, stealing with weapons, pick pocketing and so on, become the subject which needs to respond actively. With the Criminal Law Amendment VIII carried out, there are some revision to larceny. We made a systematic and comprehensive analysis of the issues related to larceny through getting perspective into the criminal law Amendment Ⅷ, and put forward some opinions of the author.The paper is divided into four parts, it has thirty-seven thousand words.Part I:we present the main points of the characteristics of the theft crime in the related amendment of Criminal Law Amendment Ⅷ. The objective constitutive elements of the crime exhibit "universal criminal" through the new Amendment. We traced the historical origin and evolution of the "universal punishment", and analyzed the advantages and disadvantages of the "universal criminal" for larceny. Secondly, the legal penalty of larceny become "mitigation", which is derived from the pursuit of criminal economic thought. We performed the analysis of the mitigation of punishment for larceny.Finally, we explore the background and environment of modification to larceny in the Criminal Law Amendment Ⅷ, which reflect the spirit of "humanitarianism".This paragraph analyses the crime systematic and displays the historical and international environment which is the precondition of the larceny development. The trend of larceny development was adapted the historical and international environment. At the same time, the modification of larceny in the Criminal Law Amendment Ⅷ come into being the historical trend. It reflect the latest spirit and mind of the law. We get the overall conception of the Criminal Law Amendment Ⅷ.Part II:Based on the Criminal Law Amendment Ⅷ, the paper systematically analyzes the theory of larceny and divided it in four parts:the nature of the crime, basic constitution, means defined, new crime patterns and types. First of all, this part made a brief introduce on the nature of larceny, as well as the historical stages in domestic and overseas. Then the paragraph investigate the new trend of the nature of crime in Chinese. Secondly, this part detail the expanded content about subject, the criminal motivation and intent, the object of larceny. Thirdly, this part explores the definition of the crime’s methods, which was the first key point of the full text. Then the paragraph make the expending and comparison between "secret steal" and "peaceful possession". Finally, the part explain the accomplished form and new behaviors of larceny.PartⅢ:this is the focal point of the full text, this part expatiate on the revision of the criterion of judicial practice for larceny in the Criminal Law Amendment Ⅷ. The paragraph reveal the advantages and disadvantages of new crime patterns and types defined in the amendment, detailing the criterion of pickpockets, burglar, stolen with weapons, analysis the dialectical of multiple theft and the relatively large amount.Part IV:This part study the penalty system of larceny written in the Criminal Law Amendment Ⅷ. First of all, the paragraph listed the feature and rule of property crime as a starting point. Then the paragraph analysis the characteristics of the Criminal Law Amendment Ⅷ. Secondly, this part compare the penalty of the theft crime in year1979, year1997and the latest amendment, and give some reasonable proposals.