In The New Situation, Theft Crimes Are Both Defamatory And Attempted

Larceny is one type of crime with a long history since the birth of private property.From past till now,the increasingly high rate of larceny has been the target the society aims to strike down.With the continuous advancement of socio-economic development in China,some novice types of crimes have emerged from the conventional theft.Larceny is the threat to individual property,and some even have been developed into severe violent crimes such as robbery,intentional injury and murder.Therefore,buraus of public security and people's procuratorates and courts at all levels have made great effort to effectively eliminate larceny.However,there is still a debate about the convictions of accomplished theft and attempted theft,and this is because of different understandings between the two terms,which consistently confuse individual case handler.The significance of clarifying the convictions and measurements of penalty of the two lies in the realization of judicial fairness.But in reality,a unified standard of accomplished and attempted theft is still pending.The 8th Amendment of Criminal Law(ACL)issued in 2008 sets a new standard about the determinization of larceny and accomplished crime.The paper aims to compare and analyze various theories proposed by several researchers about the determination of accomplished and attempted larceny,together with the cases the author personally handled and judicial authorities have disputed(including spatial theft of the property owners and custodians,theft of virtual properties in the cyber world,theft of vehicles of owners and operators,and the pickpocketing that was firstly introduced in the 8th ACL)to conclude that:the Control Theory(CT)shall be considered the guidance for determining accomplished crime and attempted crime.CT is able to accurately reflect the components of larceny so we can have an in-depth understanding about the features of larceny.