On The Coercion Of Crime Of Larceny

Larceny, a common crime against property, has received more attention during along period in criminal theoretical fields. Due to the high frequency, extensivecriminal objects and diversified means of larceny, there are many disputes both intheory and judicial practice. Along with the ratification of the eighth amendment tothe Criminal Law, those acts of larceny are further defined. The conviction of larcenyis not detailed according to the present law. This article has a thorough research onsome disputed issues in subjective and objective components of the larceny byconsulting the predecessor research results. This article aims to elaborate thetheoretical works of larceny and its legislation of our country from the point view ofjudicial practice and theories as well. The thesis is composed of three parts:In the first part, the author analyses the purpose of larceny. This section isdivided into two parts. In the first part, the article first introduces the connotation ofthe major doctrines of theft purposes. Secondly the article describes the evolution ofthe purpose of larceny and controversy. As to “Need to say” and “do not say” forargument, the author intend to agree necessary to say, because the theoretical basis ofthe criminal law is not yet in line with our policy and theory. But the author believesthat its content is limited to the permanent possession of the property of others mean,the author believes that there is no need to join so many limited. The second part willbe discussed with larceny of use. The use of larceny can be fined or not.The second part discusses several special objects of larceny crimes. The article first explores the amount.The author explains the necessity of setting up a largeamount of rationality way, the amount of specifically identified for larceny, the authortalked about his own views. Secondly, whether fictitious property can become theobject of crime were discussed, considers that the current level of development ofonline games, fictitious property ownership for our determination and identification ofthe level of technology, it is not able to be fully integrated into the virtual propertyprotection scope of criminal law, whether it can become the object of theft crimeremains to be investigated. Finally, the intangible property in the nature of Internetbroadband and network flow are analyzed in order to show that the larceny ofbroadband and network flow should be regulated. It is easy to see the consumer creditis one of the objects of larceny crimes through examples of consumer credit inflated.The third chapter studies of behavior of the objective aspects of the crime of theft.In that the repeated theft, for now that the repeated theft of the standard is not unified,the author believes that as long as the space, time, object, form can be considered. Therepeated theft should not difference to be treated in preparation for a crime, attempted,suspend the case. And the repeated theft does not require every time a crime. In aburglary, the first is to households that meaning, then suggested that had not been aburglary behavior will constitute the crime of theft. On going into the householdsbehavior separately discussed. In pickpocket, the object of theft and pickpocketingbehavior, situations were analyzed, put forward personal said. In lethal theft ofweapons, the definition is elaborated, then what is the carrying behavior put forwardtheir views.