A Research On The Judicial Identification Of Larceny Behavioral Pattern

Larceny,as a property-based crime,which is characterized by multiple and universal and is also destructive to citizens' rights and social order.Larceny has been the focus of attention of the public security and judicial organs all along.The rectifications of the larceny behavioral patterns in Amendment to Criminal Law(Edition 8)has promoted the crack down and prevention of crime of theft.In the meantime,with the rapid development of society,the crime of larceny has also broken through the traditional mode and become more hidden and complex in recent years.Moreover,the new situations and new changes,especially the change of objective behavior,have brought some new problems to judicial identification.Therefore,analyzing the changing regulations of current larceny behavioral patterns is helpful to solve the difficult problems in judicial identification.At the same time,it can promote the improvement of the legislation and justice of larceny,and prevent and crack down on theft crime effectively.This article will analyze the larceny behavioral pattern from the following four parts.The first part is introduction,which synthesizes the domestic and foreign literature material,and makes a summary to the present situation of theft crime behavior research.This part also intends to lay the foundation for the research content and direction and expound the research methods,research ideas and innovations of this paper.In the second part,through combing the historical evolution of larceny,it will explain the understanding of the basic attributes of larceny and the changing regulations of history,which is helpful to the accurate definition of larceny crime,and it can better connect the change of larceny behavior with the characteristics of the times.The third part defines the objective behavior such as the large amount of public and private property,multiple theft,pickpocketing,burglary of the household and the theft of the murder weapon,and analyzes the problems existing in the judicial identification of these behaviors.The fourth part focuses on the problems of "secrete theft"," amount of crime "," carry-on belongings",crime/non-crime and accomplished/attempted burglaries,the identification of repetitious theft,the distinction between repetitious theft and continuous theft,and the problems existing in the judicial determination of "carrying" and " weapon" in carries the weapon for criminal,and this part also tries to put forward targeted solutions based on those problems.