The Research About Difficult Points In The Judical Cognizance Of Larceny

Theft is one of the most common and controversial property-related crimes,especially household burglary and multiple burglary.from the view of substantive Criminal Law interpretation,the authord discusses membetship,based on the regulations on the location and function of the household in judicial documents of our country,the author discusses the reasonable definition of household and believes that the functional definition of "household" lies in the objective function and subjective cognition of the site,stressing the function of life rather than the membership.The key of venue definition is the relationship between the venue and the actor.Also the burglary requires the actor to enter the house and act in violation of the law.At the same time,the social harmfulness of household burglary is analyzed,and the case when there is only tool or a hand into the house is excluded.When it comes to theft of uninhabited house,the subjective intentional and object of crime should be taken into consideration.The structure of the building,subjective intent of the actor when stealing,and the legal interests which may be infringed decides whether the venue is used for family life for others.Secondly,the identification of times in multiple burglary is discussed according to the criminal character,the principle of res judicate and continuous crime.It is believed that there is no criminal attempts in multiple burglary,The time limit for the censor shall apply to a maximum of 30 days for multiple crime.Each illegal behavior,including those that has been imposed sever punishment on,shall be limited according to the stipulation in Security Administration Punishment Act and Criminal Law.The number of continuous implementation of theft in the same place should be decided by the overlapping number of times of theft and illegal possession.When determined continuous crime,it should be punished as one crime.Finally,the article discusses the new type of criminal behavior in practice.The creditor who secretly take the property and keep it in order to realize his creditor's right,it shall not be deemed to be an illegal criminal act,if it is necessary.Theft is a crime referring to someone who pretend to borrow the cellphone from the victim but take it away when the victim do not notice it,but if the victim notice it,it should be called an rob.And if the man change for another phone,it can be called a fraud.It is a embezzlement when someone borrow the credit card from the victim and secretly take money out,but it should be seen as a fraud when someone borrow the credit card from the victim with the purpose of taking money illegally.Hacking into other people's virtual accounts and steal money is called a theft.