The Practical Problems And Solutions Of The Crime Object Of Larceny On Judicial Determination

Theft is one of the most common crimes with high incidence rate in judicial practice.In China’s criminal legislation,the regulation of theft is very detail.At the judicial interpretation,it also makes a response to the difficult problem of theft.However,there have been disagreements on some difficult issues related to the crime of theft,and there has been no consistent conclusion.This article focuses on the selection of three more controversial subjects for analysis,property interests,real estate and virtual property.In terms of property interests,the article first introduced the focus of problem disputes through cases,analyzed the shortcomings of existing viewpoints,and then proposed property interests as punishable crimes of theft crimes,and then analyzed specific thefts,escaped meals,etc.Examples are tested empirically.In terms of real estate,the article teases out the mainstream research and the current state of legislation.Through the criticism of the negative theory and the development of the affirmative theory,it proves the feasibility of immovable property as a criminal target of theft and analyzes the property without transfer of property rights.The situation of misappropriation and the transfer of the theft of property rights are tested.The former regards the loss of rights holders to define whether it constitutes theft and the latter constitutes theft of real estate.As to whether the virtual property can be used as a target of theft,it is not difficult to find that the dispute in the judicial practice is rather controversial.The article analyzes the positive and negative viewpoints,and believes that the negative opinion is difficult to justify and argues Say the rationality of the point of view,that the virtual property can be used as the crime of theft.And put forward some opinions on the value of virtual property.