On The Criterion For Accomplished Larceny

As one of the property crime types, larceny is common crime. It occupies a large proportion in the total number of public prosecution. The academic research about the criterion for accomplished larceny has a long history, but no unanimous conclusion can be drawn. Which standard will be adopted determines whether we can realize scientific methods of condemnation and penalty. Further more, this is also very important to set up the judicial authority. Consequently, based on the existing research, this thesis attempt to do further research about the standard of accomplished larceny to solve problems in the judicial practice.About the standard of accomplishment of larceny, there main exist the following theories: the obtaining theory, the controlling theory and the out-of-controlling theory. At present, the main difference in our country is that between the controlling theory and the out-of-controlling theory, which one is more scientific as the standard of accomplishment of larceny. In the general case, the controlling theory and the out-of-controlling theory can get the same conclusion, but in the special case, the conclusion is opposite. For example, when a theft execute larceny, the victim lose control of the property, however the thief not control of the property. The controlling theory think the thief have not accomplished, but the out-of-controlling theory think the thief have accomplished. This thesis considers that the thief have accomplished and the out-of-controlling theory is more scientific.This paper has made a comprehensive demonstration, from the perspective of the essence of illegality, the standard of crime, the aims of punishment, the classification of crimes and so on. This paper think there is no direct correspondence between the essence of illegality and the standard of accomplishment of larceny; the standard of accomplishment of crime is abstract, but the larceny is a specific accusation, so we think the former to the latter only play a guiding role; the larceny is Erfolgsdelikte,and the out-of-controlling theory have some kind of conjunction contract with the Erfolgsdelikte; at the same time, there are some kind of conjunction contract with theaims of punishment and so on. On the premise of the out-of-controlling theory, this paper made a further study about “the control”, in order to determine the control. In the end, the paper apply this theory to solve practical problems.The paper adopted the following research methods: the literature research method, the empirical method, the comparative method and case method.Specifically by collecting and analyzing a large number of literatures and analyzing the basic academic point, the paper got to the heart of the matter; by collecting related cases and doing a small range of empirical investigation, the paper got some relevant data; in order to get scientific conclusion, the paper made a specialized research about the case that the victim lose control of the property, however the thief not control of the property.The innovation of the paper is to get a comprehensive demonstration from multi-angle and deep-seated and to break the traditional ideas. And the paper have made a deep research about “control”. Later, the paper have made a scientific classification about larceny.