Research On Non-amount Type Of Larceny

Non-amount Type of Larceny is a type of larceny that the non-amount plots are the standard of conviction and sentencing. It appeared in the Article264of Criminal Law of People’s Republic of China revised in1997, which just involved Repeated Larcenies. With the development of the society and economy, the social harms of Burglary and Larceny with Weapons are being serious. Amendment8of Criminal Law of People’s Republic of China, passed in February2011, stipulates definitely that Burglary, Larceny with Weapons, Pickpocketing belong to larceny. Therefore, the behaviors of Non-amount Type of Larceny are expanded, which will be very helpful to combat those larcenies with serious social harms. However, the justification of writing three behaviors into the Criminal Law is controversial among scholars. What’s more, the questions of the boundary of the behaviors and the influences to original provisions lead to the dilemma in judicial practices. In the legislative and judicial areas around Non-amount Type of Larceny, there exist a lot of problems to solve.This paper introduces the legislative status of Non-amount Type of Larceny in our country. And on the basis of research on doctrines and comparison of legislation of the countries in the world, it investigates the justification of Non-amount Type of Larceny, analyzes the boundary, the identification of commence, the balance of sentencing of every behavior, and proposes some new views and opinions. Eventually, it integrates these conclusions to put forward the proposal of consummating the regulation of Non-amount Type of Larceny.